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Newest first across public DOJ and U.S. Attorney press releases.
1 September 2023
15+ Year Prison Sentence for Georgia Man in Dog Fighting, Drug Conspiracy CaseRead the Press Release
MACON, Ga. – A Fort Valley, Georgia, resident involved in two separate drug trafficking organizations and a multi-state dog fighting operation based in Middle Georgia was sentenced to serve more than 15 years in prison today, the final defendant of 21 co-conspirators resulting from two Organized Crime and Drug Enforcement Task Force (OCDETF) investigations.
Armard Davis aka “Black Jack,” 43, of Fort Valley, Georgia, was sentenced to serve 190 months in prison to be followed by four years of supervised release by U.S. District Judge Tilman E. “Tripp” Self III in Case No. 5:21-CR-3 after he previously pleaded guilty to conspiracy to possess with intent to distribute controlled substances and conspiracy to participate in an animal fighting venture. His sentence holds him accountable for his criminal conduct spanning both investigations. Davis and his co-conspirators will not be eligible for parole.
“Coupling armed drug distribution with the cruel abuse of animals makes an already horrible situation even worse; the significant sentences in this case send the message that such conduct is unwelcome in Middle Georgia,” said U.S. Attorney Peter D. Leary. “The tremendous collective effort put forth by many law enforcement agencies helped bring these defendants to justice and shut down a dangerous criminal organization.”
“Dogfighting is a brutal crime often tied with drug trafficking organizations, as seen in this case,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “These crimes destroy lives and place enormous burdens on communities. We appreciate the collaborative and extensive effort shared by federal, state and local law enforcement entities to investigate and prosecute this case.”
“These defendants posed a significant threat to the quality of life in our communities. The dismantling of these criminal organizations makes our communities a safer place today,” said Robert J. Murphy, Special Agent in Charge of the DEA Atlanta Division.
“The barbaric practice of pitting animals against each other in a fight to the death has no place in this country,” said Special Agent in Charge Miles Davis of the United States Department of Agriculture, Office of Inspector General. “The outstanding work of our federal, state and local law enforcement partners who investigated this case and the prosecutors of the U.S. Department of Justice made it possible to bring this individual of a major animal fighting venture to justice. USDA-OIG has made animal fighting a high priority in order to demonstrate that these inhumane acts of cruelty to animals will not be tolerated."
Investigations
According to court documents, law enforcement investigated a criminal organization involved in the distribution of cocaine and methamphetamine and organized dog fighting based out of Roberta, Georgia, which extended into North Georgia, Florida and Alabama from May 2019 until Feb. 2020. In Feb. 2020, law enforcement executed 15 residential search warrants and seized more than 150 dogs that were being used for organized dog-fighting.
Many of the rescued dogs had scarring and visible injuries such as broken legs and open bleeding wounds, all consistent with dog fighting. Agents seized scales, weighted collars, heavy chains, ground stakes, miscellaneous pedigrees and medical supplies to treat injuries the animals sustained from dog fighting activities. In addition, law enforcement recovered firearms and illegal drugs during the course of this extensive investigation. In total, the criminal organizations are being held accountable for the distribution of approximately 20 kilograms of cocaine and 179 grams of methamphetamine.
Ten co-conspirators sentenced in case 5:21-CR-3:
Lekey Davis aka “Kee Boo,” 47, of Talbotton, Georgia, was sentenced to serve 210 months of imprisonment to be followed by four years of supervised release after pleading guilty to conspiracy to possess with intent to distribute cocaine and cocaine base;
Christopher Raines aka “Binky,” 52, of Talbotton, was sentenced to serve 135 months of imprisonment to be followed by five years of supervised release and pay a $10,000 fine after pleading guilty to conspiracy to participate in an animal fighting venture and conspiracy to possess with intent to distribute cocaine and cocaine base;
Jarvis Lockett aka “J-Rock,” 43, of Warner Robins, Georgia, was sentenced to serve 120 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture and cocaine distribution;
Derrick Owens aka “Doomie,” 39, of Woodland, Georgia, was sentenced to serve 120 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture and conspiracy to possess with intent to distribute cocaine;
Jason Carter, 41, of Phoenix City, Alabama, was sentenced to serve 97 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to possess with intent to distribute cocaine;
Vernon Vegas, 51, of Suwanee, Georgia, was sentenced to serve the maximum 60 months in prison to be followed by three years of supervised release and pay a $10,000 fine after pleading guilty to conspiracy to participate in an animal fighting venture;
Shaquille Bentley, 29, of Roberta, Georgia, was sentenced to serve 48 months of imprisonment to be followed by three years of supervised release after pleading guilty to use of a communication facility;
Shelley Johnson aka “Gold Mouth,” 41, of Macon, was sentenced to serve 37 months of imprisonment to be followed by three years of supervised release and a $25,000 fine after pleading guilty to conspiracy to participate in an animal fighting venture;
Rodrick Walton aka “Rodrie Walton,” 43, of Shiloh, Georgia, was sentenced to serve 24 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture; and
Bryanna Holmes, 27, of Fort Valley, Georgia, was sentenced to serve 36 months of probation after pleading guilty to use of a communication facility.
Eight co-conspirators also sentenced in related case 5:21-CR-3:
Antoine Riley aka “Bear,” 46, of Warner Robins, was sentenced as a career offender to serve 180 months in prison to be followed by three years of supervised release to run consecutively to any term of imprisonment imposed in a pending case in Taylor County, Georgia, Superior Court after pleading guilty to distribution of cocaine base;
Brittany Smith, 30, of Warner Robins, was sentenced to serve 135 months in prison to be followed by three years of supervised release after pleading guilty to possession with intent to distribute methamphetamine;
Antonio Raines, 39, of Warner Robins, was sentenced to serve 97 months in prison to be followed by three years of supervised release after pleading guilty to distribution of cocaine base;
Emanuel Ivey, 37, of Warner Robins, was sentenced to serve 87 months in prison to be followed by three years of supervised release after pleading guilty to distribution of cocaine base;
Joseph Day, 50, of Warner Robins, was sentenced to serve 46 months in prison to be followed by three years of supervised release after pleading guilty to distribution of cocaine base;
Desmond Griffin, 30, of Warner Robins, was sentenced to serve 24 months in prison to be followed by three years of supervised release after pleading guilty to distribution of cocaine base;
Obie Wright, 68, of Warner Robins, was sentenced to serve 18 months in prison to be followed by three years of supervised release after pleading guilty to distribution of cocaine base; and
Latanya Williams, 41, of Warner Robins, was sentenced to serve three years of probation after pleading guilty to making false statements.
Two more co-conspirators sentenced from other related cases 5:21-CR-39 and 5:21-CR-40 respectively:
Lee Anthony Benney, 56, of Reynolds, Georgia, was sentenced to serve 21 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture; and
Reginald Crimes, 40, of Preston, Georgia, was sentenced to serve 24 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture.
For more information about these cases, please visit: https://www.justice.gov/usao-mdga/pr/remaining-defendants-middle-georgia-armed-drug-trafficking-organization-sentenced; https://www.justice.gov/usao-mdga/pr/12th-defendant-sentenced-dog-fighting-drug-distribution-ring; and https://www.justice.gov/usao-mdga/pr/doj-announces-arrests-middle-georgia-drug-conspiracy-and-dog-fighting-ring.
This effort is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The dog-fighting and drug conspiracy case was investigated by the Drug Enforcement Administration (DEA), the U.S. Department of Agriculture - Office of the Inspector General (USDA-OIG), the U.S. Marshals Service (USMS), the Georgia Bureau of Investigation (GBI), the Bibb County Sheriff’s Office, the Crawford County Sheriff’s Office, the Houston County Sheriff’s Office, the Merriweather County Sheriff’s Office, the Peach County Sheriff’s Office, the Taylor County Sheriff’s Office, the Webster County Sheriff’s Office, the Byron Police Department and the Fort Valley Police Department. Deputy Criminal Chief Will Keyes with the U.S. Attorney’s Office for the Middle District of Georgia and Senior Trial Attorney Banu Rangarajan with the Department of Justice’s Environmental Crimes Section prosecuted the case.
The methamphetamine distribution case was investigated by DEA, FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), USMS, the Monroe County Sherriff’s Office, the Bibb County Sherriff’s Office and the Warner Robins Police Department. Assistant U.S. Attorney Alex Kalim prosecuted the case.
31 August 2023
표제 VI (Title VI) 수사 해결을 위해 법무부와 오클라호마 법원 양해 각서 체결Read the Press Release
참고: 본 언론 보도는 다양한 언어로 번역되었습니다. 아래 번역을 참고하십시오.
워싱튼 -법무부가 오늘 민권 수사를 해결하고 영어 능력 제한(Limited English Proficiency, LEP)이 있는 모든 사람들을 위한 향상된 주 법원 접근성을 개선하기 위해 오클라호마 대법원 행정처(Administrative Office of the Courts, AOC) 와의 양해 각서(Memorandum of Understanding, MOU) 를 발표했습니다.
법무부는 Mayes 카운티 지방 법원이 가정 법원 사건 당사자 중 LEP가 있는 이에게
유의미한 접근성을 제공하지 않았다는 주장의 민원을 받았습니다. 법무부는 연방 재정
보조 수혜자의 인종, 피부색, 출신 국가에 의한 차별을 금지하는 1964년도 민권법의(Civil
Rights Act of 1964) 표제 VI 하 수사를 개시하였습니다. LEP가 있는 모든 법원
사용자들에게 유의미한 접근성을 제공하도록 AOC가 취한 긍정적 단계에 대응하여
법무부는 추후 표제 VI 수사를 중단하였습니다. 이러한 조치 중, AOC 는 소장에서 확인된
LEP가 있는 사람에게 무상으로 통역 서비스를 제공하였으며, 언어 접근 조정관을
채용하고 주정부 법이 된 법안을 제안하였습니다. 해당 법은 LEP 당사자에게 통역인
비용이 부과되지 않도록 합니다. 또한 법원 언어 통역과 번역 서비스를 지원하도록 전주
자금을 승인하였습니다.“사람들은 제한된 영어 능력으로 인해 불이익을 당해서는 안 되며 절차 및 운영에 공정하게 참여하는 데 필요한 언어 지원 서비스를 받는 데 어려움을 겪어서는 안 됩니다”라고 법무부 민권부의 Kristen Clarke 법무차관보가 말했습니다. “본 합의서는 영어 능력과 무관하게 모든 사람이 법원에 접근할 수 있도록 보장하는 모범 사례이며 오클라호마에서 제한된 영어 능력을 가진 법원 사용자의 장벽을 허무는 데 필요한 조치를 설명합니다.”
“새로운 주법과 MOU를 통해 오클라호마는 우리 주의 사법 접근성을 개선하겠다는
의지를 보여주었습니다”라고 오클라호마 북부 지역(Northern District of Oklahoma) 의
Clinton J. Johnson 검사가 말했습니다. “우리는 표제 VI 및 관련 민권법 준수를 위해 주
법원과의 협력에 최선을 다할 것입니다.”양해각서에 따라 AOC는 모든 민사 및 형사 소송 절차와 법원 운영에서 LEP가 있는 개인에게 구두 및 서면 언어 지원 서비스를 무료로 제공하고, 주 전체 언어 접근성 계획을 세우고 중요 문서의 번역을 추가할 예정입니다. AOC 는 또한 사례 관리 체계를 개선하여 언어 요구 사항 추적을 향상시키고, 언어 접근 민원 처리 절차 개발, 법원에 게시될 번역된 통역 서비스 통지 작성 및 배포, 법원 직원들을 위한 영상 원격 통역 안내를 작성 및 발행할 예정입니다.
이 사안은 미국 민권부의 검사들과 미국 오클라호마 북부 지방 검사실이 공동으로 진행했습니다. 민권부에 대한 추가 정보는 웹사이트 www.justice.gov/crt 에서 볼 수 있으며 제한된 영어 능력과 표제 VI에 대한 정보는 www.lep.gov 에서 볼 수 있습니다. www.civilrights.justice.gov/report/ 또는 미국 오클라호마 북부 지방 검사실에 www.justice.gov/usao-ndok/contact-us로 신고할 수 있습니다.
司法部與奧克拉荷馬州法院簽署諒解備忘錄以針對第六章(Title VI) 調查作出決議Read the Press Release
注：本新聞稿已翻譯成多種語言。請參見下方譯文。
華盛頓——司法部今天宣佈與奧克拉荷馬州最高法院、法院行政辦公室(Administrative Office of the Courts, AOC) 簽署諒解備忘錄 (Memorandum of Understanding, MOU)，針對一項民權調查作出決議並改善英語能力受限 (Limited English Proficiency, LEP)人士在奧克拉荷馬州法院訴諸法律的機會。
司法部收到一起投訴，指控梅耶斯縣地區法院 (Mayes County District Court)在一起家事法庭案件中未能為一名LEP人士提供有意義的訴諸法律的機會。司法部根據 1964 年《民權法案》(Civil Rights Act of 1964)第六章的條款展開調查，該章禁止聯邦財政援助的接受者基於種族、膚色和民族血統進行歧視。司法部隨後暫停了這項第六章調查，以回應AOC採取的積極措施，為所有LEP法院使用者提供有意義的訴諸法律的機會。除了採取其他行動外，AOC還向投訴中確定的LEP人士免費提供了口譯服務，聘請了一名語言服務獲取協調員，並推出了立法提案，該提案現已成為州法律。該法律取消了向LEP當事人收取的口譯費用。該法律還授權設立一項全州基金，用於支援法庭語言口譯和筆譯服務。
「人們不應因英語能力受限而受到懲罰，也不應在獲得公平參與法院訴訟和運作所需的語言協助服務方面遇到困難，」司法部民權司助理司法部長克裡斯汀·克拉克(Kristen Clarke)指出。「本協議是確保所有人無論其英語能力如何都能訴諸法律的典範，並概述了為奧克拉荷馬州英語能力受限的法院使用者消除障礙所需採取的行動。」
「透過這部新的州法律和MOU，奧克拉荷馬州表明了改善本州司法服務獲取的決心，」奧克拉荷馬州北區(Northern District of Oklahoma)美國聯邦檢察官克林頓J. 詹森(Clinton
J. Johnson)表示。「我們致力於與本州的法院合作，確保遵守第六章及相關民權法律。」
根據這份MOU，AOC將在所有民事和刑事訴訟程式以及法院運作中免費為LEP人士提供口頭和書面語言協助服務，將制定一套全州語言服務獲取計畫，並針對重要文檔提供更多翻譯。AOC還將改進其案件管理系統，以更好地跟蹤語言需求，制定一套語言服務獲取投訴程式，為法院製作和分發翻譯好的口譯服務通知，並為法院工作人員製作和發佈視訊遠端口譯指南。此事由民權司和奧克拉荷馬州北區美國聯邦檢察官辦公室的律師聯合開展。有關民權司的其他資訊可造訪其網站www.justice.gov/crt查閱，有關英語能力受限和第六章的資訊可造訪www.lep.gov網站查閱。公眾可透過www.civilrights.justice.gov/report/或奧克拉荷馬州北區美國聯邦檢察官辦公室www.justice.gov/usao-ndok/contact-us舉報可能存在的侵犯民權的行為。
司法部与俄克拉荷马州法院签署谅解备忘录以针对第六章(Title VI) 调查作出决议Read the Press Release
注：本新闻稿已翻译成多种语言。请参见下方译文。
华盛顿——司法部今天宣布与俄克拉荷马州最高法院、法院行政办公室(Administrative Office of the Courts, AOC) 签署谅解备忘录 (Memorandum of Understanding, MOU)，针对一项民权调查作出决议并改善英语能力受限 (Limited English Proficiency, LEP)人士在俄克拉荷马州法院诉诸法律的机会。
司法部收到一起投诉，指控梅耶斯县地区法院 (Mayes County District Court)在一起家事法庭案件中未能为一名LEP人士提供有意义的诉诸法律的机会。司法部根据 1964 年《民权法案》(Civil Rights Act of 1964)第六章的条款展开调查，该章禁止联邦财政援助的接受者基于种族、肤色和民族血统进行歧视。司法部随后暂停了这项第六章调查，以回应AOC采取的积极措施，为所有LEP法院使用者提供有意义的诉诸法律的机会。除了采取其他行动外，AOC还向投诉中确定的LEP人士免费提供了口译服务，聘请了一名语言服务获取协调员，并推出了立法提案，该提案现已成为州法律。该法律取消了向LEP当事人收取的口译费用。该法律还授权设立一项全州基金，用于支持法庭语言口译和笔译服务。
“人们不应因英语能力受限而受到惩罚，也不应在获得公平参与法院诉讼和运作所需的语言协助服务方面遇到困难，”司法部民权司助理司法部长克里斯汀·克拉克(Kristen Clarke)指出。“本协议是确保所有人无论其英语能力如何都能诉诸法律的典范，并概述了为俄克拉荷马州英语能力受限的法院使用者消除障碍所需采取的行动。”“通过这部新的州法律和MOU，俄克拉荷马州表明了改善本州司法服务获取的决心，”俄克拉荷马州北区 (Northern District of Oklahoma)美国联邦检察官克林顿 J. 约翰逊(Clinton J. Johnson)表示。“我们致力于与本州的法院合作，确保遵守第六章及相关民权法律。”
根据这份MOU，AOC将在所有民事和刑事诉讼程序以及法院运作中免费为LEP人士提供口头和书面语言协助服务，将制定一套全州语言服务获取计划，并针对重要文件提供更
多翻译。AOC还将改进其案件管理系统，以更好地跟踪语言需求，制定一套语言服务获取投诉程序，为法院制作和分发翻译好的口译服务通知，并为法院工作人员制作和发布视频远程口译指南。此事由民权司和俄克拉荷马州北区美国联邦检察官办公室的律师联合开展。有关民权司的其他信息可访问其网站www.justice.gov/crt查阅，有关英语能力受限和第六章的信息可访问www.lep.gov网站查阅。公众可通过www.civilrights.justice.gov/report/或俄克拉荷马州北区美国联邦检察官办公室www.justice.gov/usao-ndok/contact-us举报可能存在的侵犯民权的行为。
Worcester Man Indicted for Unlawfully Possessing a Firearm and AmmunitionRead the Press Release
BOSTON – A Worcester man has been indicted by a federal grand jury in Worcester for unlawfully possessing a firearm and ammunition as a convicted felon.
Ryan Davidson, 38, was indicted on one count of being a felon in possession of a firearm and ammunition.
According to the charging documents, on or about May 9, 2023 in Worcester, Davidson possessed a Taurus 9-millimeter pistol and 26 rounds of 9mm ammunition. Davidson is prohibited from possessing firearms and ammunition due to prior felony convictions.
The charge of being a felon in possession of a firearm and ammunition provides a sentence of up to 15 years, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Worcester Police Chief Steven Sargent made the announcement today. Assistant U.S. Attorney Kaitlin J. Brown of the Worcester Branch Office is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Watermark Retirement Communities to Pay $4.25 Million for Allegedly Receiving Kickback in Violation of the False Claims ActRead the Press Release
NEWARK, N.J. – The Arizona-based operator of a senior living community has agreed to pay $4.25 million to resolve allegations that it violated the False Claims Act by soliciting and receiving a kickback from a nationwide home health agency (HHA) operator in order to facilitate referrals from Watermark retirement homes.
Watermark Retirement Communities LLC is a senior living community operator based in Tucson, Arizona, that manages 79 retirement homes across the country. The United States alleged that the HHA operator purchased two of Watermark’s HHAs in Arizona to induce referrals of Medicare beneficiaries living in Watermark residential communities.
The scheme was designed around eight Watermark retirement homes in five states (Arizona, Connecticut, Delaware, Florida, and Pennsylvania), where the two companies had overlapping operations. The United States alleged that from Jan. 1, 2014, through Oct. 31, 2020, Watermark caused the HHA operator to submit false claims for payments to Medicare for services provided to Medicare beneficiaries referred as a result of the kickback transaction. The Antikickback Statute prohibits parties who participate in federal health care programs from knowingly and willfully soliciting or receiving any remuneration in return for referring an individual to, or arranging for the furnishing of any item or services for which payment is made by, a federal health care program.
U.S. Attorney Philip R. Sellinger“Whether you pay them or receive them, kickbacks undermine the integrity of our health care system. Patients need to know the health care referrals they receive are in their best interest, not in the best interest of someone else’s bottom line. Our office will always be on guard to prevent unscrupulous operators from trying to take financial advantage of our health care system.”
“It is imperative that decisions about the care provided to federal health care beneficiaries are not undermined by the payment of kickbacks,” Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, said. “Today’s resolution demonstrates that the Department is committed to holding accountable not only those who offer kickbacks but also those who receive them.”
The settlement announced today includes the resolution of claims brought under the qui tam, or whistleblower, provisions of the False Claims Act by David Freedman, who was the former director of strategic growth for the HHA operator between 2009 and 2016. The qui tam provisions permit a private party to file an action on behalf of the United States and receive a portion of any recovery. As part of today’s resolution with Watermark, Freedman will receive approximately $765,000. In September 2021, the HHA operator entered into a $17 million settlement with the United States to resolve the claims against it arising out of the same transaction, meaning that the qui tam has resulted in recoveries exceeding $21.25 million.
The resolution obtained in this matter was the result of a coordinated effort between the United States Attorney’s Office for the District of New Jersey, and the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, with assistance from the U.S. Department of Health and Human Services Office of Inspector General.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The matter was handled by Assistant U.S. Attorney Jordann Conaboy of the U.S. Attorney’s Office for the District of New Jersey, as well as Trial Attorneys Daniel Meyler and Samson Asiyanbi of the Fraud Section.
The case is docketed as United States ex rel. Freedman v. Bayada Home Health Care, Inc., Civ. No. 17-6267 (D.N.J.).
The claims resolved by the settlement are allegations only and there has been no determination of liability.
watermark.settlement.pdfWatermark Retirement Communities to Pay $4.25 Million for Allegedly Receiving Kickback in Violation of the False Claims ActRead the Press Release
Watermark Retirement Communities LLC, a senior living community operator based in Tucson, Arizona, that manages 79 retirement homes across the country, agreed to pay $4.25 million to resolve allegations that it violated the False Claims Act by soliciting and receiving a kickback from a nationwide home health agency (HHA) operator in order to facilitate referrals from Watermark retirement homes.
The United States alleged that the HHA operator purchased two of Watermark’s HHAs in Arizona to induce referrals of Medicare beneficiaries living in Watermark residential communities. The scheme was designed around eight Watermark retirement homes in five states (Arizona, Connecticut, Delaware, Florida and Pennsylvania) where the two companies had overlapping operations. The United States alleged that from Jan. 1, 2014 through Oct. 31, 2020, Watermark caused the HHA operator to submit false claims for payments to Medicare for services provided to Medicare beneficiaries referred as a result of the kickback transaction. The Antikickback Statute prohibits parties who participate in federal health care programs from knowingly and willfully soliciting or receiving any remuneration in return for referring an individual to, or arranging for the furnishing of any item or services for which payment is made by, a federal health care program.
“It is imperative that decisions about the care provided to federal health care beneficiaries are not undermined by the payment of kickbacks,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s resolution demonstrates that the Department is committed to holding accountable not only those who offer kickbacks but also those who receive them.”
“Whether you pay them or receive them, kickbacks undermine the integrity of our health care system,” said U.S. Philip R. Attorney Sellinger for the District of New Jersey. “Patients need to know the health care referrals they receive are in their best interest, not in the best interest of someone else’s bottom line. Our office will always be on guard to prevent unscrupulous operators from trying to take financial advantage of our health care system.”
The settlement announced today includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by David Freedman, who was the former director of strategic growth for the HHA operator between 2009 and 2016. The qui tam provisions permit a private party to file an action on behalf of the United States and receive a portion of any recovery. As part of today’s resolution with Watermark, Freedman will receive approximately $765,000. In September 2021, the HHA operator entered into a settlement with the United States to resolve the claims against it arising out of the same transaction. See www.justice.gov/opa/pr/home-health-agency-operator-bayada-pay-17-million-resolve-false-claims-act-allegations-paying.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the District of New Jersey, with assistance from the Department of Health and Human Services Office of Inspector General.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The matter was handled by Trial Attorneys Samson Asiyanbi and Daniel Meyler of the Civil Division’s Fraud Section and Assistant U.S. Attorney Jordann Conaboy for the District of New Jersey.
The case is docketed as United States ex rel. Freedman v. Bayada Home Health Care, Inc., Civ. No. 17-6267 (D.N.J.).
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Watermark Settlement AgreementUS-Justizministerium schließt eine Vereinbarung mit den Gerichten des Bundesstaats Oklahoma zur Beilegung der Untersuchung nach Titel VI (Title VI) abRead the Press Release
Anmerkung: Diese Pressemitteilung wurde in verschiedene Sprachen übersetzt. Übersetzungen finden Sie unten.
Das US-Justizministerium kündigte heute eine Absichtserklärung (Memorandum of Understanding, MOU) zusammen mit dem Verwaltungsamt der Gerichte (Administrative Office of the Courts, AOC) am Obersten Gerichtshof von Oklahoma an, um eine Untersuchung möglicher Bürgerrechtsverletzungen zu beenden und den Zugang zu den Gerichten des Staates Oklahoma für Menschen mit begrenzten Englischkenntnissen (Limited English Proficiency, LEP) zu verbessern.
Dem Ministerium wurde eine Beschwerde übermittelt, in der behauptet wird, dass das Bezirksgericht (District Court) des Landkreises (County) Mayes es versäumt hat, einer Person mit LEP in einem Familiengerichtsprozess sinnvollen Rechtsschutz zu gewähren. Das Justizministerium leitete eine Untersuchung gemäß Titel VI des Bürgerrechtsgesetzes von 1964 (Title VI of the Civil Rights Act of 1964) ein, der die Diskriminierung auf Grundlage von Ethnie, Hautfarbe und nationaler Herkunft durch Empfänger von Bundesfinanzhilfen verbietet. Das Justizministerium stellte schließlich die Titel-VI-Untersuchung als Reaktion auf die positiven Schritte des AOC ein, allen Personen mit LEP, die die Dienstleistungen des Gerichts in Anspruch nehmen, sinnvollen Rechtsschutz zu ermöglichen. Neben anderen Maßnahmen stellte das AOC der in der Beschwerde genannten Person mit LEP kostenlos einen Dolmetscher zur Verfügung, stellte einen Koordinator für den sprachbezogenen Zugang ein und schlug einen Rechtsakt vor, der auf bundesstaatlicher Ebene umgesetzt wurde. Dieses Gesetz beseitigt die Gebühren für Dolmetscher, die Parteien mit LEP in Rechnung gestellt werden. Außerdem wurdeein landesweiter Fonds zur Unterstützung von Dolmetsch- und Übersetzungsdiensten bei Gericht eingerichtet.
„Menschen sollten nicht für ihre begrenzten Englischkenntnisse bestraft werden und sollten keine Schwierigkeiten haben, die Sprachassistenzdienste zu erhalten, die sie benötigen, um fair an Gerichtsverfahren und -vorgängen teilzunehmen“, erklärte die stellvertretende Generalstaatsanwältin Kristen Clarke von der Abteilung für Bürgerrechte (Civil Rights Division) des US-Justizministeriums. „Diese Vereinbarung ist ein Modell dafür, wie der Zugang zu den Gerichten für alle Menschen unabhängig von ihren Englischkenntnissen gewährleistet werden kann. Sie beschreibt die Maßnahmen, die erforderlich sind, um die Hindernisse für Gerichtsnutzer mit begrenzten Englischkenntnissen in Oklahoma zu beseitigen.“
„Mit dem neuen Gesetz und dem MOU hat Oklahoma sein Engagement für einen besseren Zugang zur Justiz in unserem Bundesstaat unter Beweis gestellt“, erklärte der US-Staatsanwalt für den nördlichen Bezirk von Oklahoma (Northern District of Oklahoma), Clinton J. Johnson. „Wir sind entschlossen, mit unseren Gerichten auf bundesstaatlicher Ebene zusammenzuarbeiten, um die Einhaltung des Titels VI und der damit verbundenen Bürgerrechtsgesetze sicherzustellen.“
Im Rahmen des MOU wird das AOC in allen Zivil-und Strafverfahren und im Gerichtsbetrieb Sprachassistenzdienste in Wort und Schrift für Personen LEP kostenlos anbieten, einen landesweiten Plan für den Zugang zu Sprachen entwickeln und Übersetzungen wichtiger Dokumente hinzufügen. Das AOC wird außerdem sein Aktenverwaltungssystem verbessern, um den Sprachbedarf besser verfolgen zu können, ein Beschwerdeverfahren für den Zugang in sprachlicher Hinsicht entwickeln, einen Aushang mit übersetzten Dolmetscherdiensten für die Gerichtsgebäude erstellen und bereitstellen sowie eine Videoanleitung für Gerichtsdiener erstellen und herausgeben.
Dieser Sachverhalt wurde gemeinsam von Staatsanwälten der Abteilung für Bürgerrechte und der US-Staatsanwaltschaft für den nördlichen Bezirk von Oklahoma bearbeitet. Weitere Informationen über die Abteilung für Bürgerrechte finden Sie auf der Website der Abteilung unter www.justice.gov/crt. Informationen über begrenzte Englischkenntnisse und Titel VI finden Sie unter www.lep.gov. Angehörige der Öffentlichkeit können mögliche Bürgerrechtsverletzungen unter www.civilrights.justice.gov/report/ oder bei der US-Staatsanwaltschaft für den nördlichen Bezirk von Oklahoma unter www.justice.gov/usaondok/contact-us melden.
U.S. Attorney Jesse Laslovich announces nearly $6 million in federal grant awards to support victims of sexual assault and crimeRead the Press Release
BILLINGS — U.S. Attorney Jesse Laslovich today announced grant funding of nearly $6 million for Montana from the Department of Justices’ Office of Justice Programs to support victims of sexual assault and crime victims. The funding, totaling $5.96 million, is for three separate grant programs.
“I am pleased to announce these grants to the state of Montana for its important work in providing support services to crime victims, including victims of sexual assault. This funding demonstrates the U.S. Department of Justice’s commitment in fighting sexual violence and making sure every survivor can access support, safety, and justice in their communities. The grants also continue to help and support victims of crime through assistance and compensation programs,” U.S. Attorney Laslovich said.
The Montana Board of Crime Control will receive $787,911 from the Office on Violence Against Women’s Fiscal Year 2023 Sexual Assault Services Formula Program (SASP). The project period starts August 2023 and will end July 2025. These funds are made available through the Violence Against Women Act (VAWA). This grant award was among a total of $51.8 million in SASP funding the Justice Department awarded in every state along with the District of Columbia, American Samoa, Guam, the Commonwealth of the North Mariana Islands, Puerto Rico, and the Virgin Islands. This marks a significant increase of nearly 45 percent when compared to last year’s funding level.
Congress first authorized SASP in the VAWA Reauthorization of 2005. SASP is the nation’s first federal funding stream dedicated to providing direct intervention and related assistance to victims of sexual assault. The Office on Violence Against Women (OVW) administers SASP funding according to a statutorily determined, population-based formula. States and territories, in turn, award the funds to rape crisis centers and other nonprofit, nongovernmental or Tribal agencies that provide direct intervention and related services to adult, youth, and child victims of sexual assault.
The Montana Board of Crime Control also will receive $4,910,121 from the Office for Victims of Crime (OVC) as part of its Fiscal Year 2023 Victims of Crime Act Victim Assistance Formula Grant. The project period started October 2022 and will end September 2026. This grant award will provide money from the Crime Victims Fund to enhance crime victim services in the state.
The Montana Department of Justice will receive $270,000 from the OVC as part of its Fiscal Year 2023 Victims of Crime Act Victim Compensation Formula Grant. The project period started October 2022 and will end September 2026. This grant award provides resources from the Crime Victims Fund to enhance state victim compensation payments to eligible crime victims.
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Tonawanda Man Pleads Guilty to Child Pornography ChargeRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Michael Szczepanik, 38, of Tonawanda, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession of child pornography, which carries a maximum sentence of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that in December 2021, Szczepanik’s IP address was identified on a file sharing site where files of child pornography were being shared. In February 2022, investigators executed a warrant at his residence and seized electronic devices, which contained images and videos of child pornography. The items included a desktop and the hard drives located on the device, where more than 600 images and videos of child pornography were discovered. Some of the images included prepubescent minors and depictions of violence against children.
The plea is the result of an investigation by the Federal Bureau of Investigation Child Exploitation and Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.
Sentencing is scheduled for December 18, 2023, before Judge Arcara.
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Three Men Sentenced in Akron Case Involving Forged Prescriptions and Illicit Pill TraffickingRead the Press Release
AKRON - Three men were sentenced this week in Akron federal court by Chief Judge Sara Lioi for their roles in a case involving forged prescriptions and a conspiracy to press and sell illicit pills.
Michael White, age 43, of Akron, was sentenced to 66 months in prison followed by ten years of supervised release after pleading guilty to one count of Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances, and two counts of Possession with Intent to Distribute Methamphetamine.
Durell Richerson, age 35, of Akron, was sentenced to 36 months in prison followed by three years of supervised release, after pleading guilty to one count of Conspiracy to Commit Wire Fraud and nine counts of Aggravated Identity Theft.
Dallas Delatte, age 34, of Canton, was sentenced to 25 months in prison followed by three years of supervised release, after pleading guilty to one count of Conspiracy to Commit Wire Fraud and three counts of Aggravated Identity Theft.
A fourth defendant, Amanda Ball, previously pled guilty to one count of Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances, and is scheduled for sentencing on September 12, 2023.
The following information is based on the indictment and the defendants’ guilty pleas.
This indictment charged two separate but related conspiracies. The first conspiracy, which Durell Richerson and Dallas Delatte pled guilty to participating in, involved passing forged prescriptions for promethazine-codeine cough syrup at Akron-area pharmacies. According to the indictment, promethazine-codeine cough syrup can be used as an illicit recreational drug, and is known by street names such as “purple drink,” “drank,” and “lean.” Members of this conspiracy used a Google account to store forged prescription templates bearing the names, DEA numbers, and NPI numbers of Akron-area physicians, without the physicians’ permission or knowledge. Conspirators made small edits to the forged prescription templates saved on the Google account, printed the forged prescriptions out on security paper, and then attempted to pass the forged prescriptions at Akron-area pharmacies. Because those forged prescriptions each contained the name, DEA number, and/or NPI number of a real physician—which was done without the permission or knowledge of the physician—each use of a forged prescription constituted a count of Aggravated Identity Theft, with the victim being the physician whose identity was used without their permission.
The second conspiracy, which Michael White and Amanda Ball pled guilty to participating in, involved using a pill press machine to manufacture and distribute illicit pills, including methamphetamine pills that looked like ecstasy (MDMA). White and other conspirators also possessed a pill press machine used to manufacture illicit pills at a residence in Akron to distribute the pills they manufactured. On December 1, 2020, law enforcement executed search warrants at residences in Canton and Akron. Those searches resulted in the seizure of approximately 89 tablets containing methamphetamine, two digital scales, and a blender with cocaine residue.
The case was investigated by the DEA Cleveland’s Tactical Diversion Squad, with assistance from the Akron Police Department, the Ohio State Highway Patrol, the Canton Police Department, and the Ohio Bureau of Criminal Investigations.
The case is being prosecuted by Assistant U.S. Attorney James Lewis.
Three Jamestown Residents Going to Prison in Two Separate Cases for Selling Fentanyl That Led to A DeathRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Garson E. Butcher, 31, and Alisha Centi, 29, both of Jamestown, NY, who were convicted of conspiracy to possess with intent to distribute, and to distribute, heroin, fentanyl, and methamphetamine, were sentenced by U.S. District Judge John L. Sinatra, Jr. Butcher was sentenced to serve 240 months in prison and Centi was sentenced to serve 84 months in prison. In a separate case, Judge Sinatra sentenced Ryan Bloom, 37, also of Jamestown, to serve 240 months in prison. Bloom was also convicted of conspiracy to possess with intent to distribute, and to distribute, heroin, fentanyl, and methamphetamine.
Assistant U.S. Attorney Joshua A. Violanti, who handled the cases, stated that between March 2020, and June 2021, Butcher and Centi conspired with others to possess and sell heroin, fentanyl, and methamphetamine. On March 29, 2020, Butcher and Centi sold fentanyl which resulted in the death of an individual identified as T.R. On September 28, 2020, Butcher and Centi sold heroin to an individual identified as K.K., who overdosed but regained consciousness after receiving multiple doses of Narcan. In addition, Butcher and Centi used residences on Fairview Avenue and Roland Road to manufacture and distribute heroin, fentanyl, and methamphetamine.
Assistant U.S. Attorney Violanti stated that defendant Bloom bought and sold heroin, fentanyl, and methamphetamine for profit and his own use. Bloom and co-conspirator, Rachelle Allison, utilized a Fairview Avenue residence in Jamestown to conduct their drug trafficking activities, selling drugs, and running a needle exchange out of the residence. These activities resulted in numerous overdoses occurring at that location. On April 5, 2020, the Chautauqua County Sheriff’s Office responded to a Hoag Road residence in Ashville, NY, for a possible overdose death. Upon arrival, an individual identified as D.R., was found deceased. A search of D.R.’s cellular telephone revealed Facebook messages between D.R. and Bloom the previous day that were drug related. Bloom admits that he and Allison distributed heroin and fentanyl to D.R. the day before D.R.’s death. On July 19, 2020, Bloom sold heroin and fentanyl to an individual identified as A.R. at the Fairview Avenue residence, resulting in A.R. overdosing. After receiving two doses of Narcan, A.R. and was revived and regained consciousness.
Rachelle Allison was previously convicted and is awaiting sentencing.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The sentencings are the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone.
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Three Indicted for Fentanyl and Methamphetamine Trafficking in Sacramento and StocktonRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a seven-count indictment today against three defendants, charging them with drug trafficking offenses, U.S. Attorney Phillip A. Talbert announced.
Jiovanni Eleazar Paco, 25, of Modesto; Carlos Daniel Gastelum Bustamante, 25, a Mexican national residing in Pasadena; and Brayan Missael Nunez Mendoza, 22, of Sacramento; are each charged with conspiracy to distribute and possess with intent to distribute fentanyl, para‑fluorofentanyl (a fentanyl analogue), and methamphetamine. Each defendant is charged with distribution of fentanyl. Bustamante is also charged with possession with intent to distribute fentanyl and methamphetamine, and Paco is charged with possession with intent to distribute fentanyl.
According to court documents, the defendants distributed thousands of counterfeit M30 pills containing fentanyl on behalf of a source of supply in Mexico. On Sept. 29, 2022, Mendoza sold over 1,000 counterfeit M30 pills containing fentanyl and para-fluorofentanyl in Sacramento. On Dec. 21, 2022, Bustamante sold over 2,000 counterfeit M30 pills containing fentanyl in Stockton. Several months later, on May 2, 2023, a California Highway Patrol officer initiated a traffic stop of Bustamante in the Stockton area, searched his vehicle, and found approximately 5,530 counterfeit M30 pills containing fentanyl, and approximately 1 pound of methamphetamine. On June 12, 2023, Paco sold approximately 3,000 counterfeit M30 pills containing fentanyl. Paco was later arrested during a traffic stop on June 27, 2023, where officers found him in possession of nearly 8,000 M30 pills containing fentanyl.
This case is the product of an investigation by the Drug Enforcement Administration and Homeland Security Investigations with assistance from the Federal Bureau of Investigation, the California Highway Patrol, the Sacramento Sheriff’s Office, and the San Joaquin County District Attorney’s Office. Assistant U.S. Attorneys David Spencer and Haddy Abouzeid are prosecuting the case.
If convicted, all defendants face a mandatory minimum penalty of 10 years in prison, a maximum statutory penalty of life in prison, and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Tennessee Man Found with Gun and Marijuana Sentenced to More Than 5 Years in Federal PrisonRead the Press Release
A man who was stopped for a traffic violation, found to be in possession of marijuana and a gun was sentenced August 14, 2023, to more than 5 years in federal prison.
Sidney Turner, age 58, from Memphis, Tennessee, received the prison term after a March 29, 2023, guilty plea to possession of a firearm by a felon and an unlawful drug user.
Evidence in the case revealed during a traffic stop for a moving violation, Turner was found to be driving without a valid license, and was found to be in possession of marijuana and a gun.
Turner has a lengthy criminal history. He was previously convicted of possession of cocaine with intent to manufacture, sell, or deliver; possession of marijuana with intent to manufacture, sell, or deliver; and felon in possession of a handgun.
Turner was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 70 months’ imprisonment. He must also serve a 2-year term of supervised release after the prison term. There is no parole in the federal system.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Turner is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by Homeland Security, Woodbury County, Iowa Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4096.
Follow us on Twitter @USAO_NDIA.
Task Force Targets Bandidos Motorcycle Club in Joint Enforcement OperationRead the Press Release
ALBUQUERQUE, N.M. – Today, Alexander M.M. Uballez, United States Attorney for the District of New Mexico, Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, and W. Troy Weisler, New Mexico State Police Chief, announced the results of a coordinated, multiagency enforcement operation across the state which targeted alleged members of the Bandidos Motorcycle Club.
According to the search warrant, over the past four years, law enforcement officials in New Mexico, Texas, and Oklahoma have observed a sharp increase in violence between the Bandidos and the Mongols Motorcycle Club. Most recently, in May 2023, in Red River, NM, several Bandidos members from New Mexico and Texas confronted a group of Water Dogs MC members. The confrontation was the continuation of months of harassment by the Bandidos concerning whether the Water Dogs MC had aligned itself with the Bandidos or Mongols. In Red River, Bandidos members surrounded the Water Dogs MC members, and three Bandidos members attacked a Water Dogs member. The fight escalated and two Bandidos members and one Water Dogs member were shot and killed. Five bystanders were wounded in the incident.
Following the Red River shooting, New Mexico State Police contacted the FBI and requested assistance conducting a statewide investigation of the Bandidos. Subsequently, in June 2023, the Outlaw Motorcycle Gang Task Force (OMGTF) was created. The OMGTF is comprised of investigators and analysts from the FBI, NMSP, New Mexico Corrections Department, Albuquerque Police Department, Rio Rancho Police Department, Ruidoso Police Department, Bernalillo County Sheriff’s Office, Valencia County Sheriff’s Office, Eddy County Sheriff’s Office, Otero County Sheriff’s Office and Lincoln County Sheriff’s Office.
The OMGTF set its sights on the Bandidos, given the organization’s continued participation in murders, shootings, extortion, and other violent acts. It focused on twenty-five members within the New Mexico chapters who appeared to be the most criminally active and loudest voices advocating for continued violence.
The search warrant was executed on premises in Albuquerque, Rio Rancho, Los Lunas, Belen, Tome, Grants, San Rafael, Gallup, Farmington, Hobbs, Alamogordo, Ruidoso, Capitan and Arabela. During the subsequent searches, law enforcement officers seized 151 firearms, thousands of rounds of ammunition, numerous ballistics vests, and fentanyl, meth and cocaine. A stolen police radio was also recovered.
As a result of the operation, two individuals were arrested on state charges. They are Kenneth Martinez and Henry Mascarenas. Charges are also pending against Ed Sanchez Solis.
“The motorcycle is a symbol of freedom, of individualism, and the open road,” said U.S. Attorney Uballez. “But today, a selfish few are trying to tell us who gets to enjoy our roads, what clothes they are required to wear, and with whom they can ride. The people of New Mexico have no more patience for violent bullies. Working together, the law enforcement agencies of New Mexico return the open road to the public who owns it.”
“Today, we joined forces to take significant law enforcement action to disrupt an outlaw motorcycle gang trying to establish a foothold in our communities,” said FBI Special Agent in Charge Raul Bujanda. “Along with our local, state, tribal, and federal law enforcement partners, our efforts to combat organized violent crime will continue to be waged each and every day. I am grateful for the dedicated law enforcement professionals who work tirelessly to disrupt such criminal activity and fight for justice on behalf of the citizens we serve and protect.”
“The ongoing violence involving outlaw motorcycle gangs across our state has a negative impact on all the citizens of New Mexico. The law enforcement community owes it to those we serve to come together and stop this behavior,” said Troy Weisler, Chief of the New Mexico State Police. “By working with our Federal, State, County, and local law enforcement partners on operations like this one, we are one step closer to preventing the spread of drugs and criminal mischief that accompanies outlaw motorcycle gangs.”
The OMGTF led the investigation, with assistance from the United States Bureau of Prisons, United States Probation Office, New Mexico Organized Crime Commission, Texas Department of Public Safety, Second Judicial District Attorney’s Office, Eighth Judicial District Attorney’s Office, Twelfth Judicial District Attorney’s Office, and other law enforcement or corrections agencies.
Assistant U.S. Attorneys Joseph M. Spindle and David B. Hirsch are assisting with the investigation.
Defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Tadano Group to Pay $40 Million to Settle Clean Air Act Violations After Selling Noncompliant Diesel EnginesRead the Press Release
The Justice Department today announced that Japan-based Tadano Ltd. and its subsidiaries – collectively known as the Tadano Group – will pay a $40 million civil penalty to resolve allegations that it violated Title II of the Clean Air Act (CAA). The Justice Department worked with the Environmental Protection Agency (EPA) to broker the settlement, which resolves allegations in a complaint filed with the settlement that Tadano Group imported and sold heavy, nonroad cranes with diesel engines not certified to applicable CAA emission standards, and that Tadano Group violated related CAA and regulatory requirements.
As part of the proposed consent decree, Tadano Group will also contribute $3.2 million towards a project to mitigate harm caused by excess nitrogen oxide (NOx) and particulate matter (PM) emissions from its noncompliant crane engines. The project will retire a 1975 tugboat and christen a new, cleaner tugboat to service ships in the Port of Port Arthur, Texas. The old tugboat has outdated diesel engines while the new tugboat will have up-to-date, Tier 4 engines, preventing the release of an estimated 2,075 tons of NOx emissions and more than 22 tons of PM emissions over 20 years. The Port of Port Arthur is near low-income communities with environmental justice concerns and near the Tadano America Corp. facility in Houston.
“Tadano Group imported and sold giant cranes with engines that didn’t carry valid EPA certificates of conformity, flouting federal law that protects the public from harmful emissions,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This settlement holds Tadano accountable for its violations and requires completion of a project that will improve the quality of life for those living in the Port Arthur, Texas, area.”
“Diesel exhaust is one of the dirtiest forms of pollution,” said Assistant Administrator David M. Uhlmann of the EPA’s Office of Enforcement and Compliance Assurance. “Exposure to diesel exhaust is linked to serious health conditions, including asthma and respiratory illness, and those health risks are increased by engines that fail to meet emission standards. This settlement should send a clear message that EPA will continue to vigorously enforce against companies that sell illegal diesel engines, including nonroad engines.”
The complaint against Tadano Group alleges that between 2011 and 2017, it sold nonroad cranes with at least 269 diesel engines that violated the CAA because the engines were not covered by current EPA-issued certificates of conformity nor did the engines qualify for a limited exemption under EPA’s Transition Program for Equipment Manufacturers. The Tadano Group also did not comply with CAA reporting, bonding and fuel inlet labelling requirements. The Tadano Group includes Germany-based Tadano Faun GmbH, Tennessee-based Tadano Mantis Corp. and Texas-based Tadano America Corp.
The Environment and Natural Resources Division’s Environmental Enforcement Section filed the complaint and lodged the proposed consent decree in the U.S. District Court for the Southern District of Texas. The settlement is subject to a public comment period and final court approval. The consent decree will be available for viewing on the Justice Department’s website at www.justice.gov/enrd/consent-decrees.
Somerset County Resident Admits Distributing Child PornographyRead the Press Release
TRENTON, N.J. – A Somerset County, New Jersey, resident today admitted distributing videos and images of child sexual abuse, U.S. Attorney Philip R. Sellinger announced.
Marcevan Manasse, 28, Somerville, New Jersey, pleaded guilty today before U.S. District Judge Michael A. Shipp in Trenton federal court to an information charging one count of distribution of child pornography.
According to documents filed in this case and statements made in court:
From Sept. 20, 2020, through Nov. 22, 2020, Manasse distributed material containing images and video files of child sexual abuse, via a publicly available online peer-to-peer (P2P) file-sharing network of linked computers. Law enforcement officers conducted an undercover online session to access the P2P program and to download five video files and 11 images containing child pornography from an IP address assigned to an internet service provider account associated with Manasse’s residence. These files included multiple visual depictions of pre-pubescent children being sexually abused by adults.
The count of distribution of child pornography carries a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years in prison, and a fine of $250,000. Sentencing is scheduled for Jan. 23, 2024.
U.S. Attorney Sellinger credited special agents of Homeland Security Investigations Newark, under the direction of Special Agent in Charge Ricky J. Patel, with the investigation leading to today’s guilty plea. He also thanked the Somerset County Prosecutor’s Office for its assistance.
The government is represented by Assistant U.S. Attorney Farhana C. Melo of the Criminal Division in Newark.
manasse.information.pdfSix indicted for trafficking songbirdsRead the Press Release
HOUSTON – A federal grand jury has returned indictments charging six Cuban nationals who resided in Houston with illegal trafficking of migratory songbirds, announced U.S. Attorney Alamdar S. Hamdani.
Over the past week, authorities took into custody Antonio Cabrero Ruano, 56, Roberto Guimary Machado, 59, Luis Valdez Machado, 22, Iran Almarales Garcia, 53, Ediel Barroso Quintero, 27, and Alexander DeJesus Lechuga, 45.
The six seperate indictments, returned Aug. 24, allege violations of the Migratory Bird Treaty Act and/or the Lacey Act.
The scheme allegedly involved the illegal trapping and selling of protected songbirds, including indigo buntings, painted buntings, rose-breasted grosbeaks, blue grosbeaks and house finches, among others.
The Fish and Wildlife Service (FWS) reports that the birds are often used in singing competitions in which the participating owners gamble thousands of dollars on the winning bird, a common practice in Cuba and elsewhere. The birds migrate from Canada, through Texas, to South America. They are trapped as they pass through the Houston area, commonly using a live “bait bird” whose singing attracts other birds to the trap.
The investigation led to the seizure of over 300 illegally trapped songbirds. They were turned over to the Houston Zoo and Moody Gardens where they were evaluated and photographed. Healthy birds were released to the wild, while those that were too sick or injured to survive unaided will remain under the care of the zoos.
According to FWS, the illegal trapping has a significant impact on the wild songbird populations. The birds are poorly suited to captivity and typically die soon after being confined to a cage.
“We are pleased to see a positive outcome in this case as the plight of native birds is just now becoming clear. It is our core role as an Association of Zoos and Aquariums accredited organization to preserve natural resources and protect threatened and endangered wildlife,” said General Curator Greg Whittaker of Moody Gardens.
“The illegal wildlife trade doesn’t just happen behind closed doors – many of our native species are being traded out in the open in flea markets and online marketplaces like Facebook,” said FWS Special Agent in Charge Victoria Owens. “In addition to seeking justice for our native wildlife and the American public, we want the prosecution of these cases to help educate the public about wildlife laws and deter people from committing these crimes in the future. We will pursue and hold accountable anyone who violates fish and wildlife laws for commercial gain.”
The Migratory Bird Treaty Act was enacted in 1918 for the protection of migratory birds. The Lacey Act prohibits trafficking in wildlife that was taken in violation of federal, state, tribal or foreign law.
If convicted, they each face a maximum penalty of five years in prison for violating the Lacey Act, two years for violating the Migratory Bird Treaty Act and possible fines of up to $250,000.
Two others - Reydel Cabrales Rosa, 36, a Cuban national, and Luis Alonzo Martinez, 56, an El Salvadorian national, who resided in Houston - were previously charged and have pleaded guilty.
FWS conducted the investigation with the assistance of Texas Game Wardens. Assistant U.S. Attorney Robert S. Johnson is prosecuting the case.
Six People Charged with Kidnapping and CarjackingRead the Press Release
Defendants Participated in the Armed Kidnapping and Carjacking of two Victims in the 4400 Block of F Street S.E., Washington, D.C
WASHINGTON – An indictment, unsealed today, filed today in U.S. District Court, charges six people with kidnapping and carjacking, announced U.S. Attorney Matthew M. Graves and Special Agent in Charge Wayne Jacobs, with the FBI Washington Field Office’s Criminal and Cyber Division.
Desmond Evans, 18, Ramel Henderson, 19, Kevon Jackson, 23, Delonte Mundaray, 28, Marquette Jackson, 23, and Malik Terrell, 21, all of the Washington, D.C. metropolitan area are each charged with two counts of aiding and abetting kidnapping and one count of aiding and abetting carjacking. Melvin Green, 24, also of the Washington, D.C. metropolitan area is charged with being an accessory after the fact to these offenses.
According to the indictment, on June 9, 2023, the defendants kidnapped Victim 1. and did willfully transport the victim from the District of Columbia to Maryland. The indictment further alleges that the six defendants kidnapped Victim 2 on that same date. The defendants are also charged with carjacking a black Mercedes SUV from Victim 1 by force, violence and intimidation, with the intent to cause death and serious bodily harm during the kidnappings. Green is charged with assisting Mundaray in connection with the offenses.
The kidnapping charge carries a statutory maximum sentence of life in prison. The carjacking charge carries a statutory maximum sentence of 15 years in prison. The charge of accessory after the fact carries a statutory maximum sentence of 15 years in prison. The charges also carry potential financial penalties. The maximum statutory sentence for federal offenses is prescribed by Congress and is provided here for informational purposes. The sentencing will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
This case is being investigated by the FBI’s Washington Field Office’s Violent Crimes Task Force and Safe Streets Task Force, the Charles County Sheriff’s Office, the Metropolitan Police Department and the U.S. Attorney’s Office for the District of Maryland. It is being prosecuted by Assistant U.S. Attorneys Alicia Long and Thomas Strong, of the Violence Reduction and Trafficking Offenses section of the U.S. Attorney’s Office for the District of Columbia.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Sioux City Nurse Pleads Guilty to Stealing Controlled Substances from Hospital EmployerRead the Press Release
A Sioux City, Iowa nurse who stole fentanyl, morphine, hydromorphone, and hydrocodone from her employer, pled guilty on August 30, 2023, in federal court in Sioux City.
Morgan Miralles, age 32, from Sioux City, Iowa, entered a guilty plea to one count of acquiring a controlled substance by means of misrepresentation, fraud, deception and subterfuge, and one count of false statements relating to health care matters.
In a plea agreement, Miralles admitted that she diverted the controlled substances that were supposed to be dispensed to patients, for her own personal use by falsifying documents, including the omission of information on required log entries tracking the disbursement of controlled substances.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence investigation report is prepared. Miralles remains free on bond pending sentencing. Miralles faces a possible maximum sentence of 5 years’ imprisonment, a $250,000 fine, and a year of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Ron Timmons and was investigated by the Iowa Department of Inspections & Appeals, Medicaid Fraud Control Unit, the Department of Health and Human Services, and the Drug Enforcement Administration.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 23-4049.
Follow us on Twitter @USAO_NDIA.
Sharon Resident Sentenced to 10 Months in Prison for Conspiring to Distribute Crack CocaineRead the Press Release
PITTSBURGH, PA – Torlando Hopson was sentenced to 10 months in prison for conspiring to distribute crack cocaine, United States Attorney Eric G. Olshan announced today.
Hopson, age 34 of Sharon, Pennsylvania, was sentenced by United States District Judge Cathy Bissoon. Judge Bissoon ordered Hopson to serve three years of supervised release following his prison sentence.
Hopson pled guilty earlier this year to conspiring to distribute crack cocaine in 2020 and 2021 in Mercer County. He stipulated to being responsible for the distribution of between 22.4 and 28 grams of crack cocaine.
Assistant United States Attorneys Benjamin C. Dobkin and Craig W. Haller prosecuted this case on behalf of the United States.
The Federal Bureau of Investigation, the Drug Enforcement Administration, the Pennsylvania Attorney General’s Office, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Pennsylvania State Police, the Lawrence County Drug Task Force, the Mercer County Drug Task Force, the New Castle Police Department, the Sharon Police Department, the Hermitage Police Department, and the Farrell Police Department led the investigation resulting in the conviction and sentence in this case.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Salt Lake City Man Indicted for Allegedly Attempting to Rob America United Federal Credit UnionRead the Press Release
Salt Lake City, Utah – A federal grand jury in Salt Lake City returned an indictment yesterday charging a man after he allegedly attempted to rob a credit union in Salt Lake City this month.
According to court documents, Jason Michael Ludwig, 49, of Salt Lake City allegedly demanded money from the bank teller at America United Federal Credit Union located at 208 East 800 South. When the teller refused, Ludwig announced he was robbing them of money and began threatening to blow up the credit union and the vault with a bomb in his backpack. Ludwig further stated he possessed a firearm and threatened to shoot and kill the employees and responding police officers. Upon responding officers’ arrival, they took Ludwig into custody. No firearms or explosive device was found on Ludwig or inside his backpack.
Ludwig is charged with one count of attempted credit union robbery. The defendant is scheduled for his initial court appearance on Friday, September 1, 2023, at 9:30 a.m. in courtroom 8.4 before a U.S. Magistrate Judge at the Orrin G. Hatch United States District Courthouse in downtown Salt Lake City.
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The case is being investigated by a Salt Lake City Police Detective with the FBI’s Violent Crime Task Force.
Assistant United States Attorney Kevin L. Sundwall for the District of Utah is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Russian-German National Arrested for Illegally Exporting to Russia Sensitive U.S.-Sourced Microelectronics with Military Applications in Violation of U.S. Export ControlsRead the Press Release
The Defendant Allegedly Participated in an Illicit Procurement Network That, Subsequent to Russia’s Invasion of Ukraine, Illegally Procured Large Quantities of U.S.-Sourced Sensitive Microelectronics for a Russian Company That Supplies Manufacturers for the Russian Military
Arthur Petrov, 33, a dual Russian-German citizen who has resided in Russia and Cyprus, is charged by criminal complaint, unsealed today, with export control violations, smuggling, wire fraud, and money laundering offenses based on his alleged participation in an ongoing scheme to procure U.S.-sourced microelectronics subject to U.S. export controls on behalf of a Russia-based supplier of critical electronics components for manufacturers supplying weaponry and other equipment to the Russian military.
Petrov was arrested on Aug. 26 in the Republic of Cyprus at the request of the United States.
“As alleged in the complaint, Arthur Petrov conspired to smuggle U.S. microelectronics technology with military applications to Russia, the type of components used by the Russian military in its unjust invasion of Ukraine,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The Justice Department will not tolerate efforts to circumvent our export control laws to fuel the Russian war machine and those who try will find no refuge from U.S. justice. We thank our partners in the Republic of Cyprus for their law enforcement cooperation and continued support.”
“Those who evade our export control restrictions to support Putin’s brutal war machine will be held accountable,” said Assistant Secretary of Commerce for Export Enforcement Matthew S. Axelrod. “In conjunction with today’s criminal action, we have issued a Temporary Denial Order to shutter this alleged illicit procurement network’s access to the type of U.S. micro-electronics embedded in Russian missiles and drones that have been used in its unprovoked war against the Ukrainian people.”
“Arthur Petrov is alleged to have participated in an international illicit procurement network based in Russia, using shell companies to smuggle shipments from U.S. distributors of microelectronics with military applications through intermediary countries in order to conceal the ultimate destination of these sensitive materials: Russia. As alleged, Petrov knew that the transactions and shipments were in contravention of U.S. export controls relating to Russia,” said U.S. Attorney Damian Williams for the Southern District of New York. “Efforts to illicitly supply Russia with U.S.-sourced military technology represent an affront to national security and will continue to be met with criminal prosecutions by this office.”
“Petrov’s alleged conduct in the complaint represents a complex, concerted scheme to circumvent U.S. law and export controls,” said Executive Assistant Director Larissa L. Knapp of the FBI’s National Security Branch. “The alleged creation and establishment of an intricate network of shell companies demonstrates the elaborate measures adversaries will take to steal sensitive technology. The FBI remains committed to dismantling criminal enterprises’ intent on threatening national security.”
According to court documents, Petrov is a dual Russian-German national who works for LLC Electrocom VPK (Electrocom), a Russia-based supplier of critical electronics components for manufacturers supplying weaponry and other equipment to the Russian military. Petrov and two co-conspirators (CC-1 and CC-2), who are Russian nationals also working for Electrocom, operated an illicit procurement network in Russia and elsewhere overseas. As alleged, following Russia’ invasion of Ukraine in February 2022 and continuing until August 2023, they fraudulently procured from U.S. distributors large quantities of microelectronics subject to U.S. export controls on behalf of Electrocom. To carry out the scheme, Petrov, CC-1, and CC-2 used shell companies and other deceptive means to conceal that the electronics components were destined for Russia. The technology that Petrov and his co-conspirators procured during the course of the conspiracy have significant military applications and include various types of electronics components of the sort that have been recovered in Russian military hardware on the battlefield in Ukraine, such as Russian guided missiles, drones, and electronic warfare and communications devices.
To perpetrate the scheme, Petrov first acquired the controlled microelectronics from U.S.-based electronics exporters using a Cyprus-based shell company, Astrafteros Technokosmos LTD (Astrafteros), which he operates. Petrov procured these sensitive electronics components by falsely representing to the U.S. exporters that Astrafteros was purchasing the items for fire security systems, among other commercial uses, and that the ultimate end-users and destinations of the electronics are companies in Cyprus or other third countries — when in fact the components are destined for Electrocom in Russia, which supplies manufacturers for the Russian military. The microelectronics that Petrov procured as part of the conspiracy include, among other things, microcontrollers and integrated circuits that are on the Commerce Control List maintained by the Commerce Department and cannot lawfully be exported or reexported to Russia without a license from the Commerce Department. Invoices provided to Petrov by the U.S. distributors expressly noted that these microcontrollers and integrated circuits are subject to U.S. export controls.
To evade these controls, Petrov, CC-1, and CC-2 worked together to transship the controlled items procured by Petrov using pass-through entities operated by CC-1 and CC-2 in third countries. CC-1 and CC-2 then caused the items to be shipped, sometimes through yet another country, to the ultimate destination: Electrocom in Saint Petersburg, Russia. At all times, Petrov, CC-1, and CC-2 concealed from the U.S. distributors that they were procuring the controlled electronics components on behalf of Electrocom and that the items were destined for Russia. During the course of the conspiracy, Petrov, CC-1, and CC-2 procured from U.S. distributors and shipped to Russia more than $225,000 worth of controlled electronics components with military applications.
Petrov is charged with one count of conspiracy to defraud the United States, which carries a maximum sentence of five years in prison; one count of conspiracy to violate the Export Control Reform Act (ECRA), which carries a maximum sentence of 20 years in prison; three counts of violating the ECRA, which each carry a maximum sentence of 20 years in prison; one count of conspiracy to smuggle goods from the United States, which carries a maximum sentence of five years in prison; three counts of smuggling goods from the United States, which each carry a maximum sentence of 10 years in prison; one count of conspiracy to commit wire fraud, which carries a maximum sentence of 20 years in prison; and one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI and the Department of Commerce’s Bureau of Industry and Security are investigating the case, with valuable assistance provided by the FBI’s Legal Attaché offices in Poland, Germany, and Athens, Greece; the Justice Department’s National Security Division; and the Justice Department’s Office of International Affairs. The Republic of Cyprus National Police also provided critical assistance in effecting the defendant’s arrest and detention at the request of the United States.
Assistant U.S. Attorney Kevin Sullivan for the Southern District of New York is prosecuting the case, with assistance from Trial Attorney Maria Fedor of the Counterintelligence and Export Control Section.
Today’s actions were coordinated through the Justice Department’s Task Force KleptoCapture and the Justice and Commerce Departments’ Disruptive Technology Strike Force. Task Force KleptoCapture is an interagency law enforcement task force dedicated to enforcing the sweeping sanctions, export restrictions, and economic countermeasures that the United States has imposed, along with its allies and partners, in response to Russia’s unprovoked military invasion of Ukraine. The Disruptive Technology Strike Force is an interagency law enforcement strike force co-led by the Departments of Justice and Commerce designed to target illicit actors, protect supply chains, and prevent critical technology from being acquired by authoritarian regimes and hostile nation states.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Russian-German National Arrested for Illegally Exporting to Russia Sensitive U.S.-Sourced Microelectronics with Military Applications in Violation of U.S. Export ControlsRead the Press Release
Arthur Petrov Allegedly Participated in a Russia-Based Illicit Procurement Network That, Subsequent to Russia’s Invasion of Ukraine, Illegally Procured Large Quantities of Sensitive Microelectronics for a Russian Company That Supplies Manufacturers for the Russian Military
Damian Williams, the United States Attorney for the Southern District of New York, Matthew G. Olsen, the Assistant Attorney General of the Justice Department’s National Security Division, James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Matthew S. Axelrod, the Assistant Secretary for Export Enforcement of the Commerce Department, announced the unsealing of a Complaint charging ARTHUR PETROV with export control violations, smuggling, wire fraud, and money laundering offenses based on PETROV’s alleged participation in a scheme to procure U.S.-sourced microelectronics subject to U.S. export controls on behalf of a Russia-based supplier of critical electronics components for manufacturers supplying weaponry and other equipment to the Russian military. PETROV was arrested on August 26, 2023, in the Republic of Cyprus at the request of the United States.
U.S. Attorney Damian Williams said: “Arthur Petrov is alleged to have participated in an international illicit procurement network based in Russia, using shell companies to smuggle shipments from U.S. distributors of microelectronics with military applications through intermediary countries in order to conceal the ultimate destination of these sensitive materials: Russia. As alleged, Petrov knew that the transactions and shipments were in contravention of U.S. export controls relating to Russia. Efforts to illicitly supply Russia with U.S.-sourced military technology represent an affront to national security and will continue to be met with criminal prosecutions by this Office.”
Assistant Attorney General Matthew G. Olsen said: “As alleged in the complaint, Arthur Petrov conspired to smuggle U.S. microelectronics technology with military applications to Russia, the type of components used by the Russian military in its unjust invasion of Ukraine. The Justice Department will not tolerate efforts to circumvent our export control laws to fuel the Russian war machine and those who try will find no refuge from U.S. justice. We thank our partners in the Republic of Cyprus for their law enforcement cooperation and continued support.”
FBI Assistant Director in Charge James Smith said: "After Russia’s further invasion of Ukraine in February 2022, we allege Petrov participated in a global scheme to use shell companies from around the world to establish a clandestine procurement network and supply Russia’s military industrial complex with critical U.S. technology, including types of microelectronics recovered in Russian military equipment on the battlefield in Ukraine. Petrov and his co-conspirators knowingly misrepresented their business activities to evade export controls in order to procure and transship components associated with Russian guided missiles, drones, and electronic warfare devices. This is yet another example of Russia using illicit procurement networks to not only advance their military, but ultimately harm the national security of our country. The FBI is resolute in its commitment to stopping Russia from rearming its military with U.S. technology. Along with our international partners, we will bring to justice anyone who evades sanctions or violates the laws of the United States.”
Assistant Secretary for Export Enforcement Matthew S. Axelrod said: “Those who evade our export control restrictions to support Putin’s brutal war machine will be held accountable. In conjunction with today’s criminal action, we are issuing a Temporary Denial Order to shutter this alleged illicit procurement network’s access to the type of U.S. microelectronics embedded in Russian missiles and drones that have been used in its unprovoked war against the Ukrainian people.”
According to the allegations contained in the Complaint unsealed today in Manhattan federal court:[1]
ARTHUR PETROV is a dual Russian-German national who has resided in Russia and Cyprus and works for LLC Electrocom VPK (“Electrocom”), a Russia-based supplier of critical electronics components for manufacturers supplying weaponry and other equipment to the Russian military. PETROV and two co-conspirators (“CC-1” and “CC-2”), who are Russian nationals also working for Electrocom, operated an illicit procurement network in Russia and elsewhere overseas. They have fraudulently procured from U.S. distributors large quantities of microelectronics subject to U.S. export controls on behalf of Electrocom. To carry out the scheme, PETROV, CC-1, and CC-2 used shell companies and other deceptive means to conceal that the electronics components were destined for Russia. The technology that PETROV and his co-conspirators have procured in contravention of export controls during the course of the conspiracy have significant military applications and include various types of electronics components that have been recovered in Russian military hardware on the battlefield in Ukraine, such as Russian guided missiles, drones, and electronic warfare and communications devices.
To perpetrate the scheme, PETROV first acquired the controlled microelectronics from U.S.-based electronics exporters using a Cyprus-based shell company, Astrafteros Technokosmos LTD (“Astrafteros”), which he operates. PETROV procured these sensitive electronics components by falsely representing to the U.S. exporters that Astrafteros was purchasing the items for fire security systems, among other commercial uses, and that the ultimate end-users and destinations of the electronics are companies in Cyprus or other third countries — when in fact the components are destined for Electrocom in Russia, which supplies manufacturers for the Russian military. The microelectronics that PETROV has procured as part of the conspiracy include, among other things, microcontrollers and integrated circuits that are on the Commerce Control List maintained by the Commerce Department and cannot lawfully be exported or reexported to Russia without a license from the Commerce Department. Invoices provided to PETROV by the U.S. distributors expressly noted that these microcontrollers and integrated circuits are subject to U.S. export controls.
To evade these controls, PETROV, CC-1, and CC-2 worked together to transship the controlled items procured by PETROV using pass-through entities operated by CC-1 and CC-2 in third countries. CC-1 and CC-2 then caused the items to be shipped, sometimes through yet another country, to the ultimate destination: Electrocom in Saint Petersburg, Russia. At all times, PETROV, CC-1, and CC-2 concealed from the U.S. distributors that they were procuring the controlled electronics components on behalf of Electrocom and that the items were destined for Russia. During the course of the conspiracy, PETROV, CC-1, and CC-2 procured from U.S. distributors and shipped to Russia more than $225,000 worth of controlled electronics components with military applications.
* * *
PETROV, 33, a dual Russian-German citizen who has resided in Russia and Cyprus, is charged with one count of conspiracy to defraud the United States, which carries a maximum sentence of five years in prison; one count of conspiracy to violate the Export Control Reform Act (“ECRA”), which carries a maximum sentence of 20 years in prison; three counts of violating the ECRA, which each carry a maximum sentence of 20 years in prison; one count of conspiracy to smuggle goods from the United States, which carries a maximum sentence of five years in prison; three counts of smuggling goods from the United States, which each carry a maximum sentence of 10 years in prison; one count of conspiracy to commit wire fraud, which carries a maximum sentence of 20 years in prison; and one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by a judge.
Mr. Williams praised the outstanding investigative work of the FBI and its New York Field Office, Counterintelligence Division and the New York Field Office of the Bureau of Industry and Security of the Department of Commerce. Mr. Williams also thanked the FBI’s Legal Attaché offices in Poland, Germany, and Athens, Greece; the Department of Justice’s National Security Division, Counterintelligence and Export Control Section; and the Department of Justice’s Office of International Affairs for their assistance. The Cyprus Police also provided critical assistance in effecting the defendant’s arrest and detention at the request of the United States.
This case is being handled by the Office’s National Security and International Narcotics Unit. Assistant U.S. Attorney Kevin Sullivan is in charge of the prosecution, with assistance from Trial Attorney Maria Fedor of the Counterintelligence and Export Control Section.
Today’s actions were coordinated through the Justice Department’s Task Force KleptoCapture and the Justice and Commerce Departments’ Disruptive Technology Strike Force. Task Force KleptoCapture is an interagency law enforcement task force dedicated to enforcing the sweeping sanctions, export restrictions, and economic countermeasures that the United States has imposed, along with its allies and partners, in response to Russia’s unprovoked military invasion of Ukraine. The Disruptive Technology Strike Force is an interagency law enforcement strike force co-led by the Departments of Justice and Commerce designed to target illicit actors, protect supply chains, and prevent critical technology from being acquired by authoritarian regimes and hostile nation states.
The charges in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
U.S. v. Petrov ComplaintRockville Man Sentenced to Nine Years in Federal Prison for Transportation of Child PornographyRead the Press Release
Greenbelt, Maryland - U.S. District Judge Theodore D. Chuang sentenced Gregory Thomas Clement, age 53, of Rockville, Maryland, yesterday to nine years in federal prison, followed by 15 years supervised release, for transportation of child pornography. Judge Chuang also ordered that, upon his release from prison, Clement must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (“SORNA”).
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge James C. Harris of Homeland Security Investigations (“HSI”) Baltimore.
According to his guilty plea, on May 20, 2022, HSI received information from an international law enforcement agency about an individual who was using an encrypted chat application discussing a sexual interest in children. Investigation revealed that the individual was Clement and on August 12, 2022, CBP Officers in Chicago conducted an outbound border search of Clement as he was boarding a plane to Japan. After being advised of his rights, Clement provided agents with his phone, which revealed several images documenting his sexual abuse of a minor victim. Law enforcement also conducted a search of Clement’s residence and a subsequent forensic analysis of several seized electronic devices recovered child pornography images and videos.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.
United States Attorney Erek L. Barron commended HSI for its work in the investigation and thanked U.S. Customs and Border Protection for its assistance. Mr. Barron thanked Assistant U.S. Attorneys Leah B. Grossi and Darren S. Gardner, who prosecuted the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
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Rockland County Resident Arrested for $1.5 Million Fraud SchemeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Ivan J. Arvelo, the Special Agent in Charge of the New York Field Office of Homeland Security Investigations (“HSI”), announced the unsealing of an Indictment charging JEFFREY TOGNETTI, JR., with lying to investors about, among other things, being a licensed Series 3 and 7 broker. TOGNETTI was arrested this morning and will be presented in White Plains federal court later today before U.S. Magistrate Judge Andrew E. Krause. The case is assigned to U.S. District Judge Nelson S. Román.
U.S. Attorney Damian Williams said: “As alleged, Jeffrey Tognetti, Jr., perpetrated a classic investment fraud scheme, lying to victims about his qualifications in order to lure supposed investments, only to misappropriate those funds. The career prosecutors of this Office are experts in prosecuting this kind of financial fraud, and thanks to our law enforcement partners, Tognetti now faces the repercussions of his alleged crime.”
HSI Special Agent in Charge Ivan J. Arvelo said: “The defendant is alleged to have defrauded his victims through an ongoing web of misrepresentations and deceit to fund his lavish lifestyle. HSI will work tirelessly to pursue those who seek to take advantage of their victims for financial gain and to ensure that the integrity of our financial institutions is upheld.”
As alleged in public proceedings and the Indictment unsealed today in White Plains federal court:[1]
From at least in or about July 2022 up to the present, TOGNETTI ran a scheme that defrauded victims out of at least $1.5 million. TOGNETTI solicited and obtained funds from victims based on the misrepresentations that, among other things, TOGNETTI was a licensed Series 3 and 7 broker in New York, New Jersey, and Florida, and that he would invest funds he received from victims in the stock market and cryptocurrency. To induce victims to give him funds, TOGNETTI routinely made materially false oral and written statements, including lies that he worked at a hedge fund known as Parallax Capital Advisors LLC and created technology that allowed him to profitably trade cryptocurrency. Without their knowledge or authorization, TOGNETTI misappropriated his victims’ funds by, among other things, using the funds for personal gain and transferring the funds to other individuals.
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TOGNETTI, 26, of Piermont, New York, is charged with one count of wire fraud, which carries a maximum sentence of 20 years in prison.
The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by a judge.
Any individuals who believe they may have been the victim of the alleged crime perpetrated by JEFFREY TOGNETTI, JR., can contact HSI at https://www.ice.gov/webform/ice-tip-form.
Mr. Williams praised the outstanding investigative work of HSI and the New York City Police Department.
This case is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant U.S. Attorney Jennifer N. Ong is in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
U.S. v. Tognetti IndictmentRochester Man Arrested, Charged with Destroying and Sinking A VesselRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Vyacheslav S. Migitskiy, 33, a Ukrainian national living in Rochester, NY, was arrested and charged by criminal complaint with destruction of a vessel, making a false statement, and sinking of a vessel in a navigable channel. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, on August 26, 2022, the U.S. Coast Guard received a report from a local mariner of a partially submerged vessel, a 1987 25’ Bayliner, approximately a half mile offshore east of Little Pond in Rochester. A Coast Guard small boat responded to the area and an active search and rescue mission began. It was determined that no individuals were on vessel. It was also determined that the propellers and boat plug were missing, and all electronics were removed from the vessel. The total estimated loss of the United States Coast Guard’s search and rescue efforts was $14,194, and the New York State Police rescue helicopter cost recovery was $1,248.00.
Subsequent investigation traced the vessel to Migitskiy, who claimed that he had given the vessel to unknown individuals two weeks prior. According to the complaint, a witness, and a review of surveillance video show Migitskiy placing the vessel in the water, and then using a different boat that he owned to tow the vessel out into the lake, where it was later discovered.
Migitskiy made an initial appearance today before U.S. Magistrate Judge Mark W. Pedersen and was released on conditions.
The complaint is the result of an investigation by the Coast Guard Investigative Service, under the direction of Joshua Packer, Acting Special Agent-in-Charge, Central Region, the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, the New York State Police, under the direction of Major Brian Ratajczak, and the Gates Police Department, under the direction of Chief Robert Long, the Rochester Fire Department, under the direction of Chief Stefano Napolitano, the Irondequoit Police Department, under the direction of Chief Scott Peters, and the Greece Police Department, under the direction of Chief Michael Wood.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Resident of Chicora, PA Indicted on a Charge of Violating Federal Narcotics LawsRead the Press Release
PITTSBURGH, PA – A resident of Chicora, PA, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal narcotics laws, United States Attorney Eric G. Olshan announced today.
The one-count Indictment named Scott Louis Musthaf, 51, of Chicora, PA, as the sole defendant.
According to the Indictment presented to the court, on or about December 5, 2022, Musthaf attempted to possess with intent to distribute 500 grams or more of cocaine, a Schedule II controlled substance.
The law provides for a maximum total sentence of not less than 5 years in prison, a fine not to exceed $5,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Benjamin C. Dobkin is prosecuting this case on behalf of the government.
The United States Postal Inspection Service and the Pennsylvania State Police conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Prior Felon Going to Prison on Gun ChargeRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Paul Pringle, 44, of Hilton, NY, who was convicted of being a felon in possession of firearms and ammunition, was sentenced to serve 60 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Everardo A. Rodriguez, who handled the case, stated that on March 2, 2023, during a joint investigation by the Monroe County Sheriff’s Office, the Rochester Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, investigators executed a search warrant at Pringle’s Underwood Avenue residence and two firearms, over 900 rounds of ammunition, and 12 gun assembly kits. As part of his plea, Pringle admitted that he manufactured and sold in excess of 10 Personally Manufactured Firearms (PMF) to others. Pringle has three prior felony convictions for possessing firearms or ammunition and is legally prohibited from possessing firearms and ammunition.
The sentencing is the culmination of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter, the Rochester Police Department, under the direction of Chief David Smith, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division.
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President of Beaver Falls Mineral Processing Company Sentenced for Filing False Income Tax ReturnRead the Press Release
PITTSBURGH, PA - The president of a Pittsburgh-area mineral company has been sentenced in federal court to 3 years of probation and ordered to pay $222,255.35 in restitution to the Internal Revenue Service (IRS) and a fine of $55,000 on his conviction for filing a false income tax return, United States Attorney Eric G. Olshan announced today.
United States District Judge Arthur Schwab imposed the sentence on Paul J. Austin, age 60, of Pittsburgh, PA as the sole defendant.
Previously, in connection with his guilty plea, the court was advised that from 2012 through 2017, the defendant was the President of J.P. Austin Associates, Inc., a mineral processing company in Beaver Falls, Pennsylvania. For calendar years 2012 through 2017, the defendant and his spouse, who served as the company’s Treasurer, jointly filed annual Form 1040 federal income tax returns with the Internal Revenue Service.
The defendant admitted in Court that during the relevant time period, payments were made from company accounts for college expenses, which were falsely categorized as business expenses using fictitious vendor names. The return preparer for Mr. Austin and his spouse was not informed about these college expense payments, and the payments were not included as taxable income on Form 1040 returns that were ultimately filed with the IRS. Thus, the defendant willfully made and subscribed Form 1040 returns for calendar years 2012 through 2017 that materially underreported his taxable income. Prior to sentencing, the defendant paid the $222,255.35 in restitution owed to the IRS.
Assistant United States Attorney David Lew prosecuted this case on behalf of the government.
The Internal Revenue Service, Criminal Investigation conducted the investigation leading to the successful prosecution of Austin.
Pearl River Man Pleads Guilty to Production of Child PornographyRead the Press Release
Jackson, Miss. – A Pearl River man pleaded guilty to production of child pornography, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation.
Garald Benson Johnson, 42, pled guilty on August 29, 2023, in U.S. District Court in Jackson.
According to court documents, Johnson engaged in sexual activity with a minor and used a cellphone to make recordings of the encounter.
Johnson is scheduled to be sentenced on December 7, 2023, and faces not less than 15 years and up to 30 years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Choctaw Police Department and the Federal Bureau of Investigation investigated the case.
Assistant U.S. Attorney Kevin J. Payne and Special Assistant United States Attorney Brian K. Burns prosecuted the case.
Passaic County Man Charged in $13 Million Technology Support Scam Targeting over Seven Thousand U.S. VictimsRead the Press Release
NEWARK, N.J. – A Passaic County, New Jersey, man was arrested today in connection with a technical support scam that targeted more than 7,000 victims in the United States, consisting mainly of small business owners and the elderly, defrauding those victims of more than $13 million, U.S. Attorney Philip R. Sellinger announced.
Manoj Yadav, 40, of Clifton, New Jersey, is charged by complaint with one count of conspiracy to commit wire fraud. He is scheduled to appear this afternoon before U.S. Magistrate Judge José R. Almonte in Newark federal court.
“The defendant and his conspirators are alleged to have misled their numerous victims into thinking that they were a legitimate technology support company affiliated with a major software company. After claiming to provide technical support for issues involving the software company’s popular accounting software, they allegedly charged the victims exorbitant fees for purported support services that were not authorized by the software company.”
U.S. Attorney Philip R. Sellinger
“We allege Yadav lied to software users and forced them to pay for services that would usually come free with their initial purchase,” FBI Special Agent in Charge James E. Dennehy said. “The amount he's accused of stealing from his victims and the number of victims seem shocking; however, we are seeing an incredible increase in all types of tech support scams. The fraudsters are pretty savvy in how they con money out of people, even those of us who think we’re smart enough to not fall for it. If you think you’re a victim, please reach out to the FBI.”
According to documents filed in this case and statements made in court:
From 2017 through 2023, Yadav and his conspirators, many of whom were in India, fraudulently held themselves out as a technology support company affiliated with a major U.S. business and accounting software company that developed and sold a widely used accounting software product. They operated under multiple fraudulent business names, including “Phebs Software Services, LLC,” “Phebs Software Services,” “PN Bookkeeping Services,” “Phebbs Consulting,” “Quickbooks Tech Assist,” “Quickbook US,” “Quickbooks Accounting,” and “Quickbooks Support Team.”
The conspirators would contact victims under the guise of fixing victims’ technical issues with the accounting software. After receiving tech support from the conspirators under these fraudulent pretenses, the victims would either be charged exorbitant fees or additional subscription fees. These “services” were all fraudulent: They would not cost any additional money for customers who contacted the actual software company, and the software company never authorized Yadav or his conspirators to act on its behalf or charge any fees.
Yadav personally participated in the scheme by charging the victims for the fraudulent technology support services and funneling millions of dollars from these victims to his conspirators. Yadav fraudulently obtained these funds through the Phebs Software Services, LLC, which Yadav himself formed. That entity did business as both “Phebs Software Services” and “Quickbooks Accounting.” Yadav also used these entity names to falsely hold himself out to banks and victim customers as an accounting company legitimately affiliated with the software company. He did this to prevent charge backs, Better Business Bureau complaints, and the closure of bank accounts. Yadav sent his conspirators over $13 million in funds obtained from victims and would routinely keep approximately 17 percent when he wired funds to the conspirators.
The count of conspiracy to commit wire fraud carries a maximum penalty of 20 years in prison and a fine of $250,000 or twice the gross profit or loss caused by the offense, whichever is greatest.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy, with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorney Jake A. Nasar of the General Crimes Unit in Newark.
The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
yadav.complaint.pdfPascagoula Man Sentenced to over 22 Years in Prison for Possession with Intent to Distribute FentanylRead the Press Release
Gulfport, Miss. – A Pascagoula man was sentenced to 272 months in federal prison for possession with intent to distribute fentanyl, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Brad L. Byerley of the Drug Enforcement Administration.
Willie Ray Washington III, 46, was sentenced on August 30, 2023 in U.S. District Court in Gulfport.
According to court records, in September 2021, agents began investigating Washington for distributing fentanyl, heroin, and methamphetamine from an automotive shop in Moss Point, Mississippi. That location was previously leased by a large-scale distributor of methamphetamine who was no longer distributing narcotics at that location because he had been arrested by DEA agents in an unrelated case. Between April 2022 and May 2022, DEA agents received new information that drugs were again being distributed at that location.
On June 20, 2022, agents executed a search warrant for the property. Agents breached the door to the shop and located Washington standing by a billiards table with a large bag of a white powdery substance in his hand. During the search of the business, agents located approximately 786 grams of methamphetamine; 223 grams of heroin; 172 grams of fentanyl; 64 grams of cocaine hydrochloride; 30 grams of cocaine base; and other smaller quantities of suspected narcotics. Additionally, agents located multiple ledgers on binders indicating a substantial history of narcotics distribution, along with digital scales and other paraphernalia used to package and distribute narcotics.
Washington was indicted by a federal grand jury on July 6, 2022. He pled guilty to one count of possession with intent to distribute fentanyl on April 11, 2023.
The case was investigated by the Drug Enforcement Administration and the South Mississippi Metro Enforcement Team (SMMET).
The case was prosecuted by Assistant U.S. Attorney Erica Rose.
Operation Smoke and Mirrors Update: Kanawha County Man Sentenced to More than 12 Years in Prison for Key Role in Methamphetamine Trafficking OrganizationRead the Press Release
CHARLESTON, W.Va. – Justin Allen Bowen, 41, of Charleston, was sentenced today to 12 years and seven months in prison, to be followed by five years of supervised release, for conspiracy to distribute 50 grams or more of methamphetamine.
According to court documents and statements made in court, from in or about August 2022 to in or about December 2022, Bowen conspired with others to distribute quantities of methamphetamine throughout Kanawha County. Bowen was responsible for selling or possessing with intent to sell nearly 50 pounds of methamphetamine during the course of the conspiracy. Bowen would receive several pounds of methamphetamine at a time from his supplier, and distribute it to several of his customers.
On December 5, 2022, law enforcement officers executed search warrants at locations where Bowen had delivered methamphetamine the night before and seized a total of approximately 15 pounds of methamphetamine found in three locations. Some of this methamphetamine was located in a safe within his bedroom, along with several firearms and more than $70,000 in cash.
Bowen is among 30 individuals indicted as a result of Operation Smoke and Mirrors, a major drug trafficking investigation that has yielded the largest methamphetamine seizure in West Virginia history. Law enforcement seized well over 200 pounds of methamphetamine as well as 28 pounds of cocaine, 20 pounds of fentanyl, 18 firearms and $747,000 in cash.
Nineteen of the defendants have pleaded guilty. Indictments against the other defendants are pending. An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the U.S. Department of Homeland Security-Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Postal Inspection Service, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the West Virginia National Guard Counter Drug program, the Kanawha County Sheriff’s Office, the Charleston Police Department, the Putnam County Sheriff’s Office and the Raleigh County Sheriff's Office. MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department..
Chief United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe prosecuted the case.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-31.
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Omaha Police Helicopter Assists in Firearms Investigation, Leading to 48-Month Prison SentenceRead the Press Release
Acting United States Attorney Susan Lehr announced that Jefferey Edwards, 23, of Omaha, Nebraska, was sentenced today in federal court in Omaha for possessing a firearm as a felon. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Edwards to imprisonment for 48 months. Upon release from prison, Edwards will be required to complete a 3-year term of supervised release. There is no parole in the federal system.
On October 4, 2022, Able One, an Omaha Police helicopter, observed the occupants of a Dodge Charger meet with the occupants of a white Mazda SUV. Edwards was one of three occupants of the Charger, which was stopped by police. Shortly thereafter, Able One observed the Mazda traveling offroad along a tree line behind an address on North 26th Street in Omaha. Officers investigated the vacant lot behind that address and found an iPhone in a case lying in the grass. The iPhone case held identification for one of the two occupants of the Mazda, which was also later stopped by police.
Officers then investigated a red Chevy Tahoe in the vacant lot and observed a rifle case in the back seat and ammunition in plain view. The Tahoe was unsecured, and an officer opened the door and determined that the case was empty. While doing so, the officer found another firearm, a Glock handgun, on the front passenger side floorboard.
A resident of the home at the front of the vacant lot confirmed to officers that she lived there but did not own the firearms that were recovered. Meanwhile, Able One provided an aerial video to officers on the ground showing suspects appearing to hide items in the lot and then leaving in the white Mazda. Officers searched and found two more firearms under a plastic bin in the lot and observed another firearm (a Century Arms, Inc. Model M70AB2 rifle) in a white Malibu also parked in the lot. The owner of the Malibu disclaimed ownership of the firearms and allowed officers to search the car and recover the rifle. DNA testing of the rifle confirmed that Edwards was a contributor to the mixture of DNA on the rifle. The rifle, which was ordered forfeited, is an AK-47 style assault weapon capable of accepting large capacity magazines.
This case was investigated by the Omaha Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Omaha Man Sentenced for Two-Pound Package of Methamphetamine Sent from MexicoRead the Press Release
Acting United States Attorney Susan Lehr announced that Rodrigo Esparza, 49, of Omaha, Nebraska, was sentenced today in federal court in Omaha for possessing with intent to distribute two pounds of methamphetamine. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Esparza to 120 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a 4-year term of supervised release.
On October 15, 2021, the U.S. Customs and Border Protection (CBP) seized a suspicious package that came from Mexico with a destination of Omaha. A drug detection K-9 indicated to the presence of drugs inside the package, and it was searched, resulting in the discovery of 849 grams of pure methamphetamine. The CBP worked with the DEA’s Omaha Field Division to make a controlled delivery to the listed address. On October 21, 2021, the package was delivered, by an undercover agent, to the listed address, where a resident told the undercover agent to leave it on the porch. Eventually, two individuals, later identified as Esparza and Jerrilee Barajas arrived. Esparza exited the vehicle and took possession of the package, after which both were arrested.
Barajas has pleaded guilty to the same charge, with sentencing scheduled on October 6, 2023.
This case was investigated by the U.S. Customs and Border Protection and Drug Enforcement Administration.
Omaha Man Sentenced for Firearm and Drug Trafficking CrimesRead the Press Release
Acting United States Attorney Susan Lehr announced that Davion Jackson, 26, of Omaha, Nebraska, was sentenced today in federal court in Omaha for distributing marijuana and possessing a firearm during a drug trafficking crime. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Jackson to 1 month imprisonment on the drug charge and a consecutive 60 months of imprisonment on the firearm charge, for a total sentence of 61 months. There is no parole in the federal system. After his release from prison, he will begin a five-year term of supervised release.
On July 15, 2020, during a controlled buy in Omaha, a confidential source, equipped with audio/visual equipment, purchased 15.1 grams of marijuana and a Smith and Wesson 9mm handgun from Jackson. This event was monitored by law enforcement. The marijuana, a Schedule I controlled substance, was confirmed via forensic laboratory analysis as to both weight and substance.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities,
supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Omaha Police Department.
Norfolk Man Charged with Price Gouging N95 Masks in Early Months of COVID-19 PandemicRead the Press Release
BOSTON – A Norfolk, Mass. man has been charged and has agreed to plead guilty to conspiring to price gouge hospitals for scarce N95 filtering facepiece respirators (N95 masks) at the start of the COVID-19 pandemic.
Jason Colantuoni, 35, was charged by an Information with one count of conspiracy to commit price gouging in violation of the Defense Production Act. A plea hearing has not yet been scheduled by the Court.
According to the charging documents, on March 11, 2020, a longtime friend of Colantuoni (Individual 1) formed a company in Florida in response to the COVID-19 pandemic. It is alleged that from in or about March 2020 through April 2020, Colantuoni, Individual 1 and the company’s head of sales (Individual 2) conspired to use the company to exploit and profit off of the critical need of hospitals and healthcare workers for scarce N95 masks during the COVID-19 pandemic.
Specifically, Colantuoni, Individual 1 and Individual 2 allegedly accumulated N95 masks from various sources and then sold the N95 masks through the company to desperate hospitals in Massachusetts and elsewhere at prices in excess of the prevailing market price.
Prior to the COVID-19 pandemic, the hospitals to which the company sold N95 masks typically paid approximately $0.44 to $0.70 per respirator. Through the company, Colantuoni, Individual 1 and Individual 2 allegedly offered to sell N95 masks to hospitals for as much as $11.95 per mask.
Through the company, it is alleged that Colantuoni, Individual 1 and Individual 2 sold a total of approximately 1,000 boxes of N95 masks to various hospitals, with each box containing 20 or 30 masks. The weighted average price for the company’s purchases of N95 masks was approximately $4.48 per mask, while the weighted average price for the company’s sales of N95 masks to hospitals was approximately $9.91 per mask.
The charge of conspiracy to commit price gouging in violation of the Defense Production Act provides for a sentence of up to one year in prison, up to one year of supervised release and a fine of up to $10,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; Fernando McMillan, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations; Christopher Algieri, Special Agent in Charge of the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office; Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Michael J. Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England made the announcement today. Assistant U.S. Attorneys Bill Brady and Howard Locker of the Health Care Fraud Unit are prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus and https://www.justice.gov/coronavirus/combatingfraud.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline via the NCDF Web Complaint Form.The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Nicholson, Mississippi Man Sentenced to Seven Years in Prison for Possession with Intent to Distribute HeroinRead the Press Release
Gulfport, Miss. – A Nicholson, Mississippi man was sentenced to 84 months in federal prison for possession with intent to distribute heroin, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Brad L. Byerley of the Drug Enforcement Administration.
Eric Andrew Slaydon, 35, was sentenced on August 30, 2023, in U.S. District Court in Gulfport.
According to court records, in 2015, an investigation began into a large-scale drug trafficking organization located largely in Picayune, MS (Pearl River County). In 2019, Eric Andrew Slaydon and Damon Stafford were identified as being part of the conspiracy. Federal agents used a confidential source to begin making purchases of methamphetamine and heroin. On June 5, 2019, a DEA confidential source purchased heroin from Eric Andrew Slaydon and Damon Andrew Stafford at Stafford’s residence in Picayune, Mississippi.
Slaydon and Stafford were indicted by a federal grand jury on September 7, 2022. Both defendants pled guilty to possession with intent to distribute heroin. Stafford will be sentenced later this year.
The case was investigated by the Drug Enforcement Administration and Homeland Security Investigations. The case was prosecuted by Assistant U.S. Attorney Erica Rose.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor- led, intelligence driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
New York Man Sentenced in Connection with the Illegal Export of WeaponsRead the Press Release
CONCORD – A New York man was sentenced today in federal court in Concord for operating an unlicensed money transmitting business that was used to export weapons to Pakistan, U.S. Attorney Jane E. Young announces.
Muhammad Mohsin Raja, 27, was sentenced by U.S. District Court Judge Paul J. Barbadoro to 24 months in prison and 1 year of supervised release. On May 25, 2022, Raja pleaded guilty to conspiracy to operate an unlicensed money transmitting business.
“The defendant facilitated the export of weapons, and weapon components, to foreign national organizations that threaten U.S. security interests abroad,” U.S. Attorney Jane E. Young said. “This case underscores the importance of our banking laws and regulations in protecting our national security interests.”
“Raja over multiple years engaged in money facilitation in order to evade export restrictions and ultimately enabled the shipment of weapons overseas,” said James Smith, Assistant Director-in-Charge of the Federal Bureau of Investigation, New York Field Office. “This case highlights the important role that enforcement of financial laws plays in our national security. The FBI is committed to ensuring that anyone who engages in criminal activity in order to elude laws and regulations is held accountable in the criminal justice system.”
“Preventing parties on the Bureau of Industry and Security’s (BIS) Entity List from acquiring items that contribute to programs of national security concern, such as components for use in cruise missiles and unmanned aerial vehicles (UAV), is a shared U.S. Government priority,” said Rashel D. Assouri, Special Agent-in-Charge of the Boston Field Office, Office of Export Enforcement. “The Office of Export Enforcement, in coordination with our law enforcement partners, will continue to vigorously pursue, dismantle, and disrupt illicit networks that violate U.S. law.”
For several years, Raja operated a “hawala” based out of New York and worked with individuals in Pakistan to coordinate the transfer of money between parties in the United States and Pakistan. A hawala is a type of informal money transfer system that uses a network of agents to transfer money across international borders without using the banking system, typically to circumvent banking laws and regulations.
The defendant transmitted approximately $4.7 million to Pakistan in 2021 alone. As part of the hawala, he made multiple payments for products intended for an organization on the Commerce Department’s Entity List, Pakistan’s Advanced Engineering Research Organization (AERO). AERO was added to the Entity List, which imposes export restrictions for organizations whose activities threaten U.S. national security or foreign policy interests, for procuring items for use in Pakistan’s cruise missile and strategic UAV programs. For example, the defendant made payments for a blade antenna manufactured by a New Hampshire defense contractor. Those antennas are typically used in UAVs, tactical missiles, helicopters, and aircraft. The defendant also made payments to a Florida defense contractor for rotary pumps and a solenoid valve. The rotary pumps were designed for use in M110 self-propelled howitzers, and the solenoid valve was designed for use in an AIM-9 Sidewinder missile or an AGM-86B air-launched cruise missile.
The defendant also made payments to a Florida firearms manufacturer on behalf of a Pakistani company called Al-Akbar Arms. The payments were for two shipments of assault weapons. The defendant messaged another individual suggesting they disguise the purpose of the payments as “purchasing watches as sports equipment.” However, law enforcement successfully intercepted the assault weapons.
In operating the hawala, the defendant used multiple cell phones to coordinate with other individuals, used multiple bank accounts, and enlisted the assistance of at least 10 friends and family members to visit banks and check cashing businesses to help cash checks, place money orders, and deposit funds.
Department of Commerce’s Office of Export Enforcement and Federal Bureau of Investigation, New York Field Office led the investigation. Assistant U.S. Attorney Alexander S. Chen prosecuted the case.
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Nashua Man Indicted for Firearm Straw PurchasingRead the Press Release
CONCORD – A Nashua man was indicted for making false statements during the acquisition of firearms, U.S. Attorney Jane E. Young announces.
Charles Stone, age 23, was indicted on five (5) counts of making false statements to federally licensed firearms dealers during the purchase of firearms. Stone will appear in federal court in Concord at a later date.
According to the charging document, between September and November of 2021, Stone purchased a total of six firearms on five separate occasions from federally licensed firearms dealers in New Hampshire. When he completed the firearm purchase forms, he stated that he was the actual buyer or transferee of the gun, when in fact he was buying the guns for someone else.
The charges provide for a sentence of up to 10 years in prison, up to three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes, which govern the determination of a sentence in a criminal case.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) led the investigation. Assistant U.S. Attorney Aaron Gingrande is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Mexican Man Sentenced to More Than Six Years in Prison for Illegally Re-Entering the United States and Trafficking FentanylRead the Press Release
BOSTON – A Mexican man residing in Lawrence was sentenced yesterday for possessing one kilogram of fentanyl intended for distribution and to illegally re-entering the United States after deportation.
Jesus Gracielo Garcia-Vega a/k/a Jonathan Ivan Badillo-Hernandez, 35, was sentenced by Chief U.S. District Court Judge F. Dennis Saylor to 75 months in prison followed by three years of supervised release. On March 20, 2023, Garcia-Vega pleaded guilty to one count of possession with intent to distribute fentanyl and one count of unlawful re-entry of a deported alien.
On March 23, 2022, Garcia-Vega gave a sample of fentanyl to a confidential source working with law enforcement. During that transaction, Garcia-Vega agreed to sell fentanyl the next day to the confidential source. On March 24, 2022, Garcia-Vega drove to the Premium Outlets in Wrentham with a kilogram of fentanyl inside a laundry bag, intending to sell it to the confidential source. Garcia-Vega was later stopped by police on I-495 in Westford and arrested. A Subsequent investigation determined that Garcia-Vega had been deported on several occasions from the United States, including most recently on March 23, 2016, after which he unlawfully re-entered the country.
“Fentanyl is an incredibly serious threat to public safety as it can have fatal consequences even in very small amounts. Mr. Garcia-Vega tried to pump a kilogram of this poison into our communities. It’s particularly disturbing that he engaged in this criminal behavior after entering this country unlawfully following several deportations,” said Acting United States Attorney Joshua S. Levy. “This office and our law enforcement partners will continue to relentlessly pursue fentanyl distributors and ensure the safety and well-being of Massachusetts residents.
“Fentanyl distribution is destroying people’s lives and wreaking havoc in our communities,” said Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division. “DEA and our law enforcement partners will aggressively pursue and bring to justice individuals like Mr. Garcia-Vega who distribute this deadly drug. This sentence not only holds Mr. Garcia-Vega accountable for his crimes but serves as a warning that we will do everything in our power to keep this poison off the streets of Massachusetts.”
Acting U.S. Attorney Levy and DEA SAC Boyle made the announcement today. Valuable assistance in the investigation was provided by the Massachusetts State Police. Assistant U.S. Attorney Samuel R. Feldman of the Narcotics & Money Laundering Unit prosecuted the case.
Mercer County Man Admits Soliciting Kickbacks in COVID-19 Testing Kickback ConspiracyRead the Press Release
NEWARK, N.J. – A Mercer County, New Jersey, man admitted his role in a kickback conspiracy involving COVID-19 testing, U.S. Attorney Philip R. Sellinger announced today.
Tauqir Khan, 65, of Pennington, New Jersey, pleaded guilty before U.S. District Judge Brian R. Martinotti in Newark federal court to an information charging him with one count of conspiracy to violate the Anti-Kickback Statute for his role in a scheme to obtain kickbacks for the referral of COVID-19 test samples.
U.S. Attorney Philip R. Sellinger“Clinical laboratories and health care professionals are on notice: paying kickbacks to steer tests to a lab may break the law. This office is committed to using all the tools at our disposal to keep illegal kickbacks out of our health care system and preserve the integrity of medical decision making.”
“Clinical laboratories and health care professionals are on notice: paying kickbacks to steer tests to a lab may break the law,” U.S. Attorney Sellinger said. “This office is committed to using all the tools at our disposal to keep illegal kickbacks out of our health care system and preserve the integrity of medical decision making.”
“There were many fraudsters who saw the global pandemic as a get rich quick gold mine. Khan and his conspirators were no different, soliciting kickbacks and wrongfully billing health care programs,” FBI – Newark Special Agent in Charge James E. Dennehy said. “It may take time, but FBI Newark and our law enforcement partners are bringing to justice those who stole money that wasn't intended for their bank accounts.”
According to documents filed in the case and statements made in court:
Khan and his conspirators solicited kickbacks in exchange for providing COVID-19 test samples to Metpath Laboratories, a clinical laboratory located in Parsippany, New Jersey, that conducted testing to detect the presence of COVID-19 in samples obtained from individual patients. Metpath paid kickbacks for the referrals of COVID-19 test samples and subsequently billed Medicare and other health care benefit programs for the tests.
The charge of conspiracy to violate the Anti-Kickback Statute is punishable by a maximum potential penalty of five years in prison and a fine of $250,000, or twice the gross profit or loss caused by the offense, whichever is greatest. Sentencing is scheduled for Jan. 11, 2024.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the guilty plea.
The government is represented by Assistant U.S. Attorney DeNae M. Thomas of the Health Care Fraud Unit in Newark.
khan.information.pdfMcAlester Physician Sentenced for Federal Drug CrimeRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Nelson Onaro, age 61, of McAlester, Oklahoma, was sentenced to one year of probation for unlawfully distributing and dispensing controlled substances. Onaro also surrendered his Oklahoma medical license and his DEA registration which formerly enabled him to dispense controlled substances.
The charges arose from an investigation by the Drug Enforcement Administration.
On February 7, 2023, Onaro pleaded guilty to one count of Unlawful Distribution of a Controlled Substance. At the plea hearing, Onaro admitted to prescribing Schedule II controlled substances to patients in amounts and for durations beyond the scope of legitimate medical practice. Onaro also admitted to writing prescriptions for patients in dangerous combinations and dosages, thus creating a heightened risk of overdose and death, and to writing a prescription for a straw buyer in order to conceal his own drug use.
The Honorable Ronald A. White, Chief District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearings in Muskogee, Oklahoma.
Department of Justice Trial Attorneys Daniel Griffin and Christopher Jason and Assistant United States Attorneys Ryan Conway and Ryan Bondura represented the United States.
Maryland man admits to federal firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Quinton Vaughn Baker, age 25, of Cumberland, Maryland, has pled guilty to making false statements during the purchase of a firearm.
According to court documents and statements made in court, Baker admitted to falsifying documents at a licensed firearms dealer in Mineral County to purchase a 9mm pistol. Baker claimed on the form that he lived in West Virginia despite residing in Maryland and stating that the firearm was for his personal use, knowing the firearm was meant for someone else. As a part of the plea agreement, Baker has agreed to forfeit 20 firearms.
Baker is facing up to 15 years in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Manchester Man Indicted for Fentanyl and Crack Cocaine Distribution OffensesRead the Press Release
CONCORD – A Manchester man was indicted in connection with the distribution of fentanyl and crack cocaine, U.S. Attorney Jane E. Young announces.
Walter Velez, 41, was indicted on four counts of distribution of controlled substances in connection with the sale of fentanyl and crack cocaine to a confidential informant. Velez will appear in federal court at a later date.
According to the charging documents, Velez sold fentanyl and crack cocaine at his business, Velez Alignment & Auto Services, LLC, in Manchester on four separate occasions. The four sales totaled over 200 grams of fentanyl and over 20 grams of crack cocaine.
These charges of distribution of a controlled substance provides for a sentence of up to 30 years in prison, at least 6 years of supervised release, and a fine of up to $2,000,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
The Homeland Security Investigations led the investigation. Valuable assistance was provided by the Manchester Police Department. Assistant U.S. Attorney Geoffrey Ward is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Man Who Threatened Another Driver with a Gun Sentenced to More Than 5 Years in Federal PrisonRead the Press Release
A man who pulled a firearm during a road rage incident in February 2022, was sentenced August 17, 2023, to more than 5 years in federal prison.
Chad Hendrickson, age 46, from Sioux City, Iowa, received the prison term after a March 7, 2023, guilty plea to possession of a firearm by a felon and drug user.
Evidence in the case revealed that when a vehicle attempted to pass Hendrickson near 6th and Pierce Street, in downtown Sioux City, Iowa, Hendrickson refused to let the vehicle pass. When the vehicle pulled up next to Hendrickson, Hendrickson produced a handgun, pointed it at the other driver and made threats towards him. The victim then called law enforcement and followed the individual from a safe distance to the area of 26th and Pierce where Hendrickson parked his vehicle and took off on foot. Hendrickson was apprehended by law enforcement nearby. When Hendrickson was taken into custody, he was also found to be in possession of marijuana, a switch blade knife, brass knuckles, and the handgun.
Hendrickson has a lengthy criminal history, and is a danger behind the wheel, having been convicted of reckless driving and driving under the influence or while intoxicated. He has also been convicted of burglary and domestic assault.
Hendrickson was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 64 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Hendrickson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Sioux City, Iowa Police Department prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4024.
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Man Who Purchased More Than 7 Guns Under False Pretenses Sent to Federal PrisonRead the Press Release
A man who was a drug user and made false statements while purchasing firearms was sentenced August 14, 2023, to more than a year in federal prison.
Justin Evans, age 24, from Kansas City, Missouri, received the prison term after a January 25, 2023, guilty plea to possession of a firearm by a drug user.
Evidence in the case showed between September 2020 and February 2022, Evans, while an unlawful user of marijuana, lied to Federal Firearms Licensee gun stores to purchase more than 7 guns that he subsequently resold on the illicit market.
Evans was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 18 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Evans is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and was prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-3013.
Follow us on Twitter @USAO_NDIA.
Man Pleads Guilty to Making Threats to Arizona State Election OfficialRead the Press Release
An Ohio man pleaded guilty today to sending threatening communications to an election official with the Arizona Secretary of State’s Office.
“The Justice Department has no tolerance for illegal threats that target those who administer our elections, and it will not hesitate to investigate and prosecute such criminal conduct,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “These threats endanger election workers and their families, and they endanger our democracy.”
According to court documents, on or about Aug. 2, 2022, on the date of Arizona’s primary elections, Joshua Russell, 44, of Bucyrus, left the following voicemail for an election official with the Arizona Secretary of State’s Office (Victim‑1): “This message is for traitor [Victim-1’s full name]. You’ve drug your feet, you’ve done nothing, to protect our election for 2020. You’re committing election fraud, you’re starting to do it again, from day one. You’re the enemy of the United States, you’re a traitor to this country, and you better put your sh[inaudible], your [expletive] affairs in order, ’cause your days [inaudible] are extremely numbered. America’s coming for you, and you will pay with your life, you communist [expletive] traitor [expletive].”
“Election officials are the first responders of democracy,” said U.S. Attorney Gary M. Restaino for the District of Arizona. “We best vindicate the work of these public servants when we locate, investigate, and prosecute those who make threats against them.”
Additionally, on or about Sept. 9, 2022, Russell left the following voicemail for Victim-1: “This message is for terrorist [Victim-1’s last name]. The only reason you’re still walking around on this planet is because we’re waiting for the midterms to see you prosecuted for the crimes you have done to our nation. You are a terrorist. You are a derelict criminal. And you have a few short months to see yourself behind bars, or we will see you to the grave. You are a traitor to this nation, and you will suffer the [expletive] consequences.”
“This case is another successful result from the hard work of the Election Threats Task Force,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI and our partners will continue to investigate anyone who threatens election officials working to keep America’s elections fair and free.”
Finally, on or about Nov. 15, 2022, Russell left the following voicemail for Victim-1: “This message is for communist, criminal, [Victim-1’s full name]. We will not endure your crimes on America another day. You’ve been busted, over and over again. We will not wait for you to be drugged through court. A war is coming for you. The entire nation is coming for you. And we will stop, at no end, until you are in the ground. You’re a traitor to this nation. You’re a [expletive] piece of [expletive] communist, and you just signed your own death warrant. Get your affairs in order, cause, your days are very short.”
Russell pleaded guilty to one count of making a threatening interstate communication. The sentencing is scheduled for Nov. 13, and the defendant faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI Phoenix Field Office is investigating the case, with the assistance of the FBI Cleveland Field Office, Mansfield Resident Agency.
Trial Attorney Tanya Senanayake of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Sean K. Lokey for the District of Arizona are prosecuting the case.
This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa O. Monaco in June 2021, the task force has led the Department’s efforts to address threats of violence against election workers, and to ensure that all election workers – whether elected, appointed, or volunteer – are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. Two years after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.
Under the leadership of Deputy Attorney General Monaco, the task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Department of Justice, including the Computer Crime and Intellectual Property Section of the Criminal Division, the Civil Rights Division, the National Security Division, and the FBI, as well as key interagency partners, such as the Department of Homeland Security and the U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.
To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.
Man Pleads Guilty to Election-Related Threat Toward Georgia Public OfficialsRead the Press Release
A Texas man pleaded guilty today in the Northern District of Georgia to posting a message online threatening several Georgia public officials following the 2020 election.
“This case marks another destructive example of threats of violence to the election community and law enforcement,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “The Department will not tolerate the criminal targeting of the men and women responsible for administering our elections and ensuring that every eligible voter has the opportunity to exercise the most fundamental right in our democracy: the right to vote.”
According to court documents, around Jan. 5, 2021, Chad Christopher Stark, 55, of Leander, posted a message to Craigslist entitled, “Georgia Patriots it’s time to kill [Official A] the Chinese agent - $10,000.” The message included the following: “It’s time to invoke our Second Amendment right it’s time to put a bullet in the treasonous Chinese [Official A]. Then we work our way down to [Official B] the local and federal corrupt judges. It’s our duty as American Patriots to put an end to the lives of these traitors and take back our country by force. . . . If we want our country back we have to exterminate these people. One good loyal Patriot deer hunter in camo and a rifle can send a very clear message to these corrupt governors.. milita up Georgia it’s time to spill blood…. we need to pay a visit to [Official C] and her family as well and put a bullet her behind the ears. Remember one thing local law enforcement the key word being local….. we will find you oathbreakers and we’re going to pay your family to visit your mom your dad your brothers and sisters your children your wife… we’re going to make examples of traitors to our country… death to you and all you communist friends.”
“All across this country our fellow citizens and neighbors, including many retirees, choose to serve as elections officials, poll workers, and in other capacities to help ensure free and fair elections in the United States. They serve out of a patriotic duty and appreciation for our nation and deserve to do so without fear of retaliation or threats of violence,” said U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia. “Stark threatened officials working at all levels of the election process including elected office holders and a volunteer poll worker. His egregious conduct placed our democracy in jeopardy, striking at the heart of the process we assume to be insulated from such attacks. Our office will remain steadfast in partnering with federal, state, and local authorities to safeguard those who work to secure our elections.”
“Today’s guilty plea plainly shows that anyone who threatens election officials online will be investigated by the FBI and held accountable for their words” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “We must take calls to violence seriously, whatever their form, especially when they have the potential to result in physical harm and undermine the integrity of U.S. elections.”
Stark pleaded guilty today to one count of a sending a threat using a telecommunications device. He faces a maximum penalty of two years in prison. A sentencing date has not yet been set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI Atlanta Field Office is investigating the case.
Election Crimes Branch Director of Enforcement and Litigation Sean F. Mulryne of the Criminal Division’s Public Integrity Section and Senior Litigation Counsel Brent A. Gray for the Northern District of Georgia are prosecuting this case.
This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa O. Monaco in June 2021, the task force has led the Department’s efforts to address threats of violence against election workers, and to ensure that all election workers – whether elected, appointed, or volunteer – are able to do their jobs free from threats and intimidation. The task force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. Two years after its formation, the task force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the task force has begun.
Under the leadership of Deputy Attorney General Monaco, the task force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Department of Justice, including the Computer Crime and Intellectual Property Section of the Criminal Division, the Civil Rights Division, the National Security Division, and the FBI, as well as key interagency partners, such as the Department of Homeland Security and the U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.
To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found at www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.